Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. The freedom of speech is regarded as the first condition of liberty. Accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time. Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays significant role in the development of that particular society and ultimately for that state. The freedom of expression includes all forms of art including cartoon, media-print and electronic etc.. The freedom of speech and expression do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian Constitution enables the legislature to impose certain restrictions on free speech such as security of the State, friendly relations with foreign States, public order, decency and morality, contempt of court, defamation, incitement to an offence, and sovereignty and integrity of India. Freedom of speech and expression are guaranteed not only by the constitution or statutes of various states but also by various international conventions like Universal Declaration of Human Rights, European convention on Human Rights and fundamental freedoms, International Covenant on Civil and Political Rights etc. However, recent time has witnessed a numbers of misuses of the freedom as well as the reasonable restrictions by vested interest to suit their interest. People who do division/religion/caste based politics have caused the greatest harm by speaking. Common wisdom on the notion of freedom of speech and expression is that we are free to say or express anything we want as long as our speech/expression does not impinge upon the ‘fundamental freedoms’ of others. The idea is that one’s freedom of speech or expression must not cause ‘harm’ to others. This sort of reasoning leaves much unresolved, because in reality the problem of deciding what counts as ‘fundamental freedoms’ or ‘harm’ is not so simple. India, being a democratic country provides in the Constitution freedom of speech and expression. But we must remember that every right has a corresponding responsibility and no right is absolute. Freedom of expression has four broad purposes to serve:-
1. It helps an individual to attain self-fulfilment
2. It assists in the discovery of truth
3. It strengthens the capacity of an individual in participating in decision making 4. It provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change
Ambedkar controversial cartoon: In the recent period, there have been lot of debates and heated exchanges in the academic as well as political circles over the issue of a cartoon of Dr. Bhimrao Ambedkar (well known for stewarding the drafting of the Indian constitution and one who radically articulated and fought for Dalith social and political rights) in the Standard XI NCERT political science textbook. The said cartoon which has been used in the textbook since 2006 and had largely remained unnoticed, until Thirumavalavan, leader of Viduthalai Chiruthaigal Katchi (a small petty bourgeois party from Tamil Nadu) and Ramdas Athavale of the Republican Party of India (Athavale) raised the issue in the parliament, demanding its immediate ban. Almost overnight, all the political parties of every hue and colour jumped on the bandwagon to not only to ban the said cartoon on Dr. Ambedkar, but a demand for removal of all cartoons in the NCERT textbooks. The cartoon by the political cartoonist – Shankar Pillai, itself generated no controversy at the time it was published more than 60 years ago. Authors of the NCERT textbook have argued that the cartoon was merely trying to depict the times that India was living in soon after independence. The entire episode can only be interpreted as a gross political interference in...
...Freedom of speech and expression
The United Nations Universal Declaration of Human Rights, 1 adopted in 1948, provides, in Article 19, that:
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.
Technically, as a resolution of the United Nations General Assembly rather than a treaty, it is not legally binding in its entirety on members of the UN. Furthermore, whilst some of its provisions are considered to form part of customary international law, there is dispute as to which. Freedom of speech is granted unambiguous protection in international law by the International Covenant on Civil and Political Rights which is binding on around 150 nations.
In adopting the United Nations Universal Declaration of Human Rights, Ireland, Italy, Luxembourg, Monaco, Australia and the Netherlands insisted on reservations to Article 19 insofar as it might be held to affect their systems of regulating and licensing broadcasting.
The majority of African constitutions provide legal protection for freedom of speech. However, these rights are exercised inconsistently in practice.
1. The United Nations Universal Declaration of Human Rights, adopted in 1948, provides, in...
...FREEDOM OF SPEECH AND EXPRESSION
Speech is God's gift to mankind. Through speech a human being conveys his thoughts, sentiments and feeling to others. Freedom of speech and expression is thus a natural right, which a human being acquires on birth. It is, therefore, a basic right. "Everyone has the right to freedom of opinion andexpression; the right includes freedom to hold opinions without interference and to seek and receive and impart information and ideas through any media and regardless of frontiers" proclaims the Universal Declaration Of Human Rights (1948). The people of India declared in the Preamble of the Constitution, which they gave unto themselves their resolve to secure to all the citizens liberty of thought and expression. This resolve is reflected in Article 19(1)(a) which is one of the Articles found in Part III of the Constitution, which enumerates the Fundamental Rights.
Man as rational being desires to do many things, but in a civil society his desires have to be controlled, regulated and reconciled with the exercise of similar desires by other individuals. The guarantee of each of the above right is, therefore, restricted by the Constitution in the larger interest of the community. The right to freedom of speech and...
...Freedom of Speech and Expression and Journalism
Problems faced in the industry, and the solutions and guidelines to the problem.
A report done by Ooi K.L Universiti Tunku Abdul Rahman
*Note: This is an undergraduate individual assignment report. It might not be the best report, yet it is still referable for other undergraduates who are doing the same subject area. ** This assignment was done for the subject UAMG 3063 - Communication Law in the third year of Degree in Public Relations under the Faculty of Arts and Social Sciences at Universiti Tunku Abdul Rahman
Freedom of Speech and Expression and Journalism Journalism is a difficult profession in Malaysia and they face impediments peculiar to the society (Radhakrishnan 2010). Radhakrishnan says in his report that journalish has an honorable objective which is the circulation and dissemination of information including news, comment and opinion as well as entertainment. He also states that journalists should be borne in mind that in order to enjoy to status of a profession, the practitioners are expected at all times to conduct themselves in an ethical manner upholding the best tradition of the profession The role of journalism in a democratic society needs special mention. It is a necessary and essential prerequisite for democracy to survive. It acts as the fourth estate and it is also the essential watchdog over the conduct of the...
...Jomy T. J, 2nd year MABJ
1. Identify the articles in the constitution of India which are related to the freedom of the press?
Expression through speech is one of the basic guarantees provided by civil society. Freedom of speech enjoys special position as far India is concerned. The importance of freedom of expression and speech can be easily understand by the fact that preamble of constitution itself ensures to all citizens inter alia, liberty of thought, expression, belief, faith and worship. The constitutional significance of the freedom of speech consists in the Preamble of Constitution and is transformed as fundamental and human right in Article 19(1) (a) as “freedom of speech and expression”. Explaining the scope of freedom of speech and expression Supreme Court has said that the words "freedom of speech and expression" must be broadly constructed to include the freedom to circulate one's views by words of mouth or in writing or through audiovisual instrumentalities. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. It...
...Amendment I of the United States Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" ("Bill"). Many Americans believe that online content should be regulated. However, internet censorship violates our rights tofreedom of expression, association, speech, and press. The U.S. Constitution protects those rights, and as Americans we should make sure to hold on to them at any cost. Government regulation of the Internet would threaten its very existence. In addition, if an attempt to censor the Internet was made, the system would be so problematic and error-prone that it would most likely fail.
On February 1, 1996 the U.S. Congress enacted the Communications Decency Act. This act created criminal penalties for the "knowing" transmission over the Internet of material considered "indecent to minors." These provisions also made it a crime to make any computer network transmission with the intent to "annoy" or "harass" the recipient, and extended a criminal ban on discussing abortion devices and procedures to computer network communications ("Overview"). This was, in essence, a bill designed to censor the Internet. In response, several organizations were...
...FREEDOM OF SPEECH AND EXPRESSION SHOULD BE CURTAILED?
Freedom of speech has been said to be the foundation of modern democracy, and a fundamental part of the Western civilization. According to statistics, pretty much everyone claims to support freedom of speech. The claimed support of freedom of speech is widespread even amongst Muslims, of who over 90% support it. However, I'm positive that the numbers would be different if the question was whether it should be legal to draw cartoons about the prophet Muhammad.
This reveals the unfortunate fact that even though almost everyone claims to support freedom of speech, their definition of freedom of speech is quite restricted. This is of course something that not only Muslims do, but almost everyone. In this text I will define the framework to achieve what I like to call absolute freedom of speech. Even it will have a limited restriction, but only because of the current technological level of our society. I believe with sufficient technology absolute freedom of speech will be possible indeed. As far as I concern, there is not a single nation that does not guarantee “freedom of speech” in their constitution. It is included in pretty much any EU country, in the US,...
...Freedom of Expression:
All people in the United States are guaranteed this right by the Constitution. Students, however, do not have this right to the same extent as adults. This is because public schools are required to protect all students at the school. The major aspects of this right are speech and dress. Both the right to speech and dress are not absolute in public high schools. According to the American Civil Liberties Union: "You (students) have a right to express your opinions as long as you do so in a way that doesn't 'materially and substantially' dirsupt classes or other school activities. If you hold a protest on the school steps and block the entrance to the building, school officials can stop you. They can probably also stop you from using language they think is 'vulgar or indecent'("Ask Sybil Libert" ACLU 1998). Public schools can also restrict student dress. In 1987 in Harper v. Edgewood Board of Education the court upheld "a dress regulation that required students to 'dress in conformity wit hthe accepted standards of the community'"(Whalen 72). This means that schools can restrict clothing with vulgarities and such, but they cannot restrict religious clothing: "School officials must accommodate
student's religious beliefs by permitting the wearing of religious clothing when such clothing must be worn during the school day as a part of the student's religious practice"(Whalen 78).
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...saying that freedom of speech is the first step of reaching to a free society . Despite the fact that people need to reveal their personal thoughts about politics and criticize it in any facet, many governments are against this right . In this essay I will outline the arguments for and against necessity of freedomspeech for a free society. As far as I concerned, with the enormous pace of development of technology in our modern-age and mass producing of TV, Radio and accessibility of most of the people to internet, people are aware of their rights and they have the knowledge that by criticizing and showing their disapproval they can obtain their needs. To give more details, I should mention that people have learnt from the history that by having the right to say their ideas and have the security after that, the society will be better place to live.
Added to that many politician are against the idea that people and media should be free to show their thoughts . They also create rules for banning the media and set some red lines for censorships . Additionally governments are afraid of being accused by media in any way . It is an undeniable fact that so many of politician want to hide their dark sides, so they prefer limit the people’s freedoms. I am strongly of the opinion that people and media should have the right to state their thoughts and criticize everyone in the government or even a...