The right to freedom of speech and expression is a quintessential feature of any democratic framework. It can assume diverse forms, be it in the verbal form or in that of writing, printing, pictures, cinema or any other mode.
The importance of this right has been recognized since ancient times. Buddhism and Jainism uphold this right in their own ways when they deal with guidelines on appropriate speech. The Hindu epic, the Ramayan, mentions that Ram banished Sita due to the condemnation by the praja shows that at least philosophically, it was believed that people had the right to free speech. The classic Indian text, the Natya Shastra, emphasizes the right to freedom of expression very clearly, in which “Indra declared that the stage would be a space where everything could be said and nothing could be prohibited”[1].
It is evident from the famous funeral address given by Pericles as back as in 431 B.C. that Athenians did not consider public discussion merely something to be put up with; rather they believed that the best interest of the city could not be served without a full discussion of the issues before the assembly.[2]
A. Position in International Law and under the Indian Constitution
It is no wonder in today’s day and age that freedom of speech and expression is regarded a human right, i.e. an inalienable right of every human being.[3] Article 19 of the Universal Declaration of Human Rights (UDHR), 1948, states-
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek receive and impart information and ideas through any media and regardless of frontiers.”
When this historic declaration was given concrete legal shape in the form of the International covenant on Civil and Political Rights (ICCPR), 1969, and International Covenant on Economic, Social and Cultural Rights (ICESCR), 1969, this right found a place in the former. To quote Article 19(2) of the ICCPR, which deals with this right –
“Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers either orally, in writing or print, in the form of art, or through any other media of his choice.”
Various international human rights instruments localized to different regions, such as the European Convention on Human Rights, the Inter-American Convention on Human Rights and the African Charter on Human and Peoples’ Rights also take cognizance of this right.