Question

Challenges to freedom of speech and expressionxpression

Answer 1

Answer:

Unfortunately, freedom of speech and expression is hemmed in, and to a significant extent undone, by Article 19(2). ... But ordinary citizens find their fundamental right to freedom of speech and expression diminished, hampered, and constrained by an overarching climate of fear and intimidation.

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Answer 2

Article 19(1)(a) of the Constitution of India in its widest terms confers upon the citizens of the country, the right to freedom of speech and expression. The right to hold opinions without interference on important issues in society and impart information and ideas plays a vital role in the healthy development process of any society. Free speech is a necessary part of democracy’s marketplace of ideas. However, striking a balance between freedom of expression and prohibition of hate speech is a complex challenge.

The Constitution protects media freedom in article 19(1) saying, ‘all citizens shall have the right (a) to freedom of speech and expression’. Despite this legal provision, India was ranked 133rd out of 180 countries in the 2016 World Press Freedom Index by Reporters without Borders (2016a). We thus find ourselves legitimate to question why a country endowed with a democratic Constitution struggles to enforce its most basic values.