Syllabus: GS2/ Polity
In News
- The Supreme Court of India recently clarified that commercial and prohibited speeches do not enjoy protection under the Fundamental Right to Freedom of Speech and Expression (Article 19(1)(a)).
- The ruling reinforces the idea that Fundamental Rights are not absolute and are subject to reasonable restrictions.
| Constitutional Background – Article 19(1)(a): Guarantees all citizens the right to freedom of speech and expression. – Includes political speech, dissent, press freedom, artistic expression, etc. – Article 19(2): The State may impose restrictions on speech in the interests of Sovereignty & integrity of India, Security of the State, Friendly relations with foreign States, Public order, Decency or morality, Contempt of court etc. |
Supreme Court’s Key Observations
- Commercial speech: E.g., advertisements, profit-driven promotions do not automatically get the same fundamental protection as political or social speech.
- Prohibited/Hate Speech: Expressions promoting enmity, hatred, or violence against any group based on inherent characteristics are not constitutionally protected.
- Accountability of Influencers: Influencers with large audiences must exercise responsibility and caution, as irresponsible speech causes harm or ridicule to specific communities—especially vulnerable ones like the disabled.
- Social Media Guidelines: The Supreme Court directed the government to frame comprehensive guidelines for regulating online content to curb harm and ensure accountability.
Evolution of Jurisprudence on Speech
- Indian Express v. Union of India (1985): Press freedom recognized as part of Article 19(1)(a).
- Tata Press Ltd. v. MTNL (1995): Commercial speech like advertisements promoting consumer welfare were held to be protected, but not all commercial activity qualifies.
- Aveek Sarkar v. State of West Bengal (2014): Laid down the “community standards test” for obscenity.
- Shreya Singhal v. Union of India (2015): Struck down Section 66A of IT Act as it violated free speech.
Laws Governing Commercial & Prohibited Speech in India
- Consumer Protection Act, 2019: Regulates misleading advertisements and unfair trade practices.
- Establishes Central Consumer Protection Authority (CCPA) with power to ban misleading ads.
- Sec. 67 of Information Technology Act, 2000: prohibits publishing obscene material in electronic form.
- Indecent Representation of Women (Prohibition) Act, 1986: Bans derogatory portrayal of women in ads, publications, media.
- Indian Penal Code (IPC), 1860 / Bharatiya Nyaya Sanhita, 2023: Defamation (Sec. 499 IPC / Sec. 354 BNS), Promoting enmity between groups (Sec. 153A IPC / Sec. 194 BNS) & Obscenity (Sec. 292–294 IPC / Sec. 282 BNS).
Source: TH
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