نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Freedom of expression refers to the liberty to articulate opinions and views through means of communication, media, the press, and speech; it is a first-generation human right and falls within scope of civil and political rights. The basic question of this article is whether freedom of expression can be absolute. Looking at international, regional, and general human rights instruments, proposed hypothesis is that absolute freedom of expression does not exist in any country and various countries have imposed restrictions on it based on differing reasons and justifications. India was selected as a suitable subject for examining the extent—whether limited or absolute—of freedom of expression, given its vast size, massive population, diversity of religions and sects, and its independence from British colonial rule in 1947. The research employed a descriptive methodology, analyzing the 1895 constitutional draft and the 1950 Constitution, the Information Technology Rules 2000 and 2021, relevant laws, regulations, guidelines, judicial precedents, and other policy documents, along with an analysis of surveys, interviews with media compliance officers and journalists, and the experiences of Indian digital media professionals. The result and findings indicate that under Indian law, freedom of speech and the press does not grant an absolute right to the free expression of one's thoughts. Clause 2 of Article 19 of the Indian Constitution empowers the legislature to impose eight restrictions on freedom of speech. Ultimately, the objective is not to suppress or limit opinions and voices, but rather whatever is said must not cause harm to anyone.
کلیدواژهها English