4. Do you think an absolute freedom to speech and expression without any guidelines is good for a country? Justify your answer with an example.
Answers
Answer:
The paragraph is given below:-
Explanation:
The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices.
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Answer:
The Right of freedom of Speech and Expression implies that every citizen has the right to express his views, opinions, belief, and convictions freely by writing, printing, or through any other methods.
Freedom of speech and expression enables a person to express his opinions freely with certain reasonable restrictions. It is an indispensable right in a democracy and is guaranteed to the citizens of India under Article 19(1)(a) of the Constitution of India.
Reasonable restrictions can be imposed on the right to freedom of speech and expression under Article 19 (2) of the Indian Constitution. The rights granted under Article 19 is not an absolute right. They can be restricted in case of national security and in the interest of society.
Although freedom of expression is fundamental, it is not absolute. Article 19 of the ICCPR allows for restrictions on freedom of expression that are necessary to protect the rights or reputations of others, national security, public order, public health.