Here’s a comprehensive list of 100 confusing facts and notes related to Article 19: Freedom of Speech and Expression that are often asked or can confuse students in the UPSC CSE Exam. These points are designed to test your conceptual clarity and application of the right to freedom of speech and expression in various contexts.
1-10: Basic Concepts of Article 19
- Article 19(1)(a) guarantees the right to freedom of speech and expression.
- This right is available only to citizens, not to foreigners or corporations.
- Freedom of speech and expression includes the right to express one’s opinions freely by word of mouth, writing, printing, pictures, or any other mode.
- Article 19(2) imposes reasonable restrictions on this right.
- The restrictions under Article 19(2) are exhaustive, meaning no other restrictions can be imposed.
- Freedom of speech and expression is not an absolute right; it is subject to reasonable restrictions.
- Article 19(1)(a) includes the right to disseminate information.
- Freedom of the press is implicit in Article 19(1)(a).
- Commercial advertisements are protected under Article 19(1)(a).
- Right to silence is also part of freedom of speech and expression.
11-20: Scope of Article 19(1)(a)
- Freedom of speech and expression includes the right to criticize the government.
- It includes the right to know and receive information.
- It includes the right to telecast and broadcast (e.g., TV, radio, internet).
- It includes the right to demonstrate and protest peacefully.
- It includes the right to fly the national flag.
- It includes the right to artistic expression (e.g., paintings, films, music).
- It includes the right to commercial speech (e.g., advertisements).
- It includes the right to access the internet (declared a fundamental right in Anuradha Bhasin v. Union of India, 2020).
- It includes the right to privacy as part of freedom of expression.
- It includes the right to offend, shock, or disturb (established in S. Rangarajan v. P. Jagjivan Ram, 1989).
21-30: Restrictions under Article 19(2)
- Article 19(2) allows restrictions on freedom of speech and expression in the interest of:
- Sovereignty and integrity of India
- Security of the state
- Friendly relations with foreign states
- Public order
- Decency or morality
- Contempt of court
- Defamation
- Incitement to an offense
- Public order is a broader term than law and order.
- Decency or morality includes restrictions on obscene content.
- Contempt of court includes both civil and criminal contempt.
- Defamation includes both libel (written) and slander (spoken).
- Incitement to an offense includes speech that provokes violence or crime.
- Sedition (Section 124A IPC) is a restriction under Article 19(2).
- Hate speech can be restricted under Article 19(2).
- Fake news can be restricted under Article 19(2).
- Censorship is allowed under Article 19(2) but must be reasonable.
31-40: Landmark Judgments on Article 19
- Romesh Thappar v. State of Madras (1950): Freedom of speech includes freedom of circulation.
- Bennett Coleman & Co. v. Union of India (1972): Freedom of the press is part of Article 19(1)(a).
- Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 19 to include fairness and reasonableness.
- S. Rangarajan v. P. Jagjivan Ram (1989): Freedom of speech includes the right to offend.
- Indian Express Newspapers v. Union of India (1985): Freedom of the press is essential for democracy.
- Shreya Singhal v. Union of India (2015): Struck down Section 66A of IT Act for being vague and unconstitutional.
- Anuradha Bhasin v. Union of India (2020): Declared access to the internet a fundamental right under Article 19(1)(a).
- Kedar Nath Singh v. State of Bihar (1962): Upheld the constitutional validity of sedition but limited its scope.
- S. Khushboo v. Kanniammal (2010): Freedom of speech includes the right to express unpopular views.
- LIC v. Manubhai D. Shah (1992): Right to reply is part of freedom of speech.
41-50: Freedom of the Press
- Freedom of the press is not explicitly mentioned but is implicit in Article 19(1)(a).
- The press has the right to criticize the government.
- The press has the right to publish news without prior censorship.
- The press has the right to protect its sources.
- Pre-censorship is allowed only in exceptional circumstances (e.g., during emergencies).
- Defamation laws apply to the press but must not be used to stifle free speech.
- Contempt of court laws apply to the press.
- Right to information is closely linked to freedom of the press.
- Press Council of India regulates the conduct of the press.
- Self-regulation is preferred over government regulation for the press.
51-60: Freedom of Speech in the Digital Age
- Section 66A of IT Act was struck down in Shreya Singhal v. Union of India (2015) for being unconstitutional.
- Internet shutdowns must meet the test of proportionality (Anuradha Bhasin v. Union of India, 2020).
- Social media platforms are bound by Indian laws on freedom of speech.
- Intermediary liability is governed by the IT Act, 2000.
- Fake news can be restricted under Article 19(2).
- Online censorship must be reasonable and not arbitrary.
- Right to privacy is linked to freedom of speech in the digital age.
- Cyberbullying and hate speech can be restricted under Article 19(2).
- Encryption is protected under freedom of speech.
- Net neutrality is linked to freedom of speech.
61-70: Freedom of Speech and Public Order
- Public order is a valid ground for restricting freedom of speech.
- Hate speech can disturb public order and is restricted under Article 19(2).
- Religious speech that incites violence can be restricted.
- Sedition is a restriction under Article 19(2) but has a narrow scope.
- Section 144 CrPC can be used to restrict freedom of speech to maintain public order.
- Protest and dissent are protected under Article 19(1)(a) but must be peaceful.
- Bandhs and hartals can be restricted if they disrupt public order.
- Film censorship is allowed under Article 19(2) to maintain public order.
- Blasphemy laws are not explicitly mentioned but can be linked to public order.
- Freedom of speech can be restricted during emergencies.
71-80: Freedom of Speech and Morality
- Obscenity is restricted under Article 19(2).
- The Hicklin test was used earlier to determine obscenity but has been replaced by the community standards test.
- Pornography is restricted under Article 19(2).
- Artistic freedom is protected but subject to decency and morality.
- Cinema is a form of artistic expression protected under Article 19(1)(a).
- Censorship of films is allowed under Article 19(2).
- CBFC regulates film certification in India.
- Freedom of speech includes the right to satire and parody.
- Cultural sensitivity can be a ground for restricting freedom of speech.
- Freedom of speech does not protect hate speech.
81-90: Freedom of Speech and Defamation
- Defamation is a restriction under Article 19(2).
- Criminal defamation is valid under Indian law (Subramanian Swamy v. Union of India, 2016).
- Civil defamation is also a restriction under Article 19(2).
- Truth is a defense in defamation cases.
- Public figures have a higher threshold for proving defamation.
- Parliamentary privileges can override freedom of speech in cases of defamation.
- Media can be held liable for defamation.
- Right to reputation is part of the right to life under Article 21.
- Defamation laws must not be used to stifle free speech.
- Strategic lawsuits against public participation (SLAPPs) are a misuse of defamation laws.
91-100: Miscellaneous Confusing Facts
- Freedom of speech is a fundamental right.
- Freedom of speech is a justiciable right.
- Freedom of speech is a negative right.
- Freedom of speech is a positive right.
- Freedom of speech is a civil right.
- Freedom of speech is a political right.
- Freedom of speech is a cultural right.
- Freedom of speech is a human right.
- Freedom of speech is a universal right.
- Freedom of speech is a conditional right.
These points cover the conceptual, judicial, and practical aspects of Article 19, which are crucial for the UPSC CSE Exam. Make sure to understand the landmark judgments and their implications, as they are frequently asked in both Prelims and Mains.