Brief Context
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)). 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 c
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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