Freedom of speech and expression

Freedom of speech and expression

QUES . What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. UPSC 2014 MAINS GS PAPER 2

HINTS:

Freedom of speech and expression is a fundamental concept of freedom and liberty which is also endorsed by Indian constitution. The constitution provides freedom of speech and expression as fundamental right to every citizen of India under Article 19(1)(a). It covers right to express one’s opinion in any form such as by speech writing or even by staying silent.

Hate speech is any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor.

Must read: Right to Equality

Freedom of speech and expression does not cover hate speech as it violates right of others and disturbs harmony in society, affects law and order which is counterproductive to both nation and its citizen. Thus, hate speech is crime under Indian Penal code and prohibited by constitution.

However the films in India stand on a slightly different plane from other forms of expression.

The films are virtual and fictional rather than real unlike hate speeches.

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Films have the power to shape societal perceptions, values, and behaviors. With this immense influence comes a responsibility to ensure that the content doesn’t mislead or incite harm.

Films are means to entertain as well as to provide learning, thus they need freedom to show reality.

Must read: Right to Privacy

Apart from that, there is film certification board to rate the film for appropriate audience, thus full freedom is necessary in making of film.

Hence, films are product of creativity and expression and need freedom of speech and expression. Even then if movie offends someone, filmmaker will be responsible. Until then film makers should be granted full freedom of speech and expression.

External link: https://en.wikipedia.org/wiki/Freedom_of_expression_in_India

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