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.

Understanding Freedom of Speech and Expression

Freedom of speech and expression, as guaranteed by Article 19(1)(a), encompasses a wide range of rights, including the right to hold opinions, to receive and impart information and ideas, and to express oneself through various mediums like speech, writing, printing, pictures, and any other form of communication. This right is vital for a functioning democracy, enabling informed public discourse and holding the government accountable.

Hate Speech and its Limitations

The question of whether hate speech falls under the ambit of protected expression is contentious. While freedom of speech is paramount, it cannot be used to incite violence, hatred, or discrimination against any group. Indian law doesn’t explicitly define ‘hate speech’ but relies on interpretations through judicial pronouncements.

• Section 153A & 153B of the Indian Penal Code (IPC) criminalize promoting enmity between different groups on grounds of religion, race, caste, or language.
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, aim to regulate online content and address harmful speech.
• The Supreme Court in Maneka Gandhi v. Union of India (1978) emphasized that freedom of speech is not absolute and can be restricted in the interest of public order.

The line between protected speech and hate speech is often blurred, requiring a balancing act between individual rights and societal harmony. The ‘imminent lawless action’ doctrine, derived from the US case of Brandenburg v. Ohio (1969), is sometimes invoked, requiring a direct link between speech and an immediate threat of violence.

Films: A Distinctive Plane of Expression

Films in India are subject to a more stringent regulatory framework than other forms of expression due to their potential for a wider reach and more immediate impact on public opinion. This is rooted in the belief that visual media has a powerful influence, particularly on vulnerable sections of society.

• The Cinematograph Act, 1952 regulates the production and exhibition of films in India.
• The Central Board of Film Certification (CBFC), often referred to as the censor board, is responsible for granting certificates to films, classifying them as ‘U’ (unrestricted public exhibition), ‘A’ (adults only), or ‘U/A’ (unrestricted public exhibition with parental guidance).
• The CBFC can order cuts or modifications to films if they are deemed to violate guidelines related to obscenity, violence, national security, or public morality.

This pre-screening process distinguishes films from other forms of expression like books or journalism, which are generally subject to post-publication scrutiny. Landmark cases like S. Rangarajan v. P. Jagjivan Ram (1989) affirmed the need for a ‘balancing act’ between freedom of expression and societal concerns, but also cautioned against excessive censorship. The recent debates surrounding films like ‘Padmaavat’ and ‘Jodha Akbar’ highlight the ongoing tension between artistic freedom and societal sensitivities.

Form of Expression	Regulatory Framework	Level of Scrutiny
Films	Cinematograph Act, 1952; CBFC	Pre-screening censorship
Books/Journalism	IPC (Defamation, Sedition); IT Rules, 2021	Post-publication scrutiny
Online Content	IT Rules, 2021	Reactive regulation (after complaint)