Article 19 and the Freedom of Speech and Expression

Article 19 is an international human rights organization, that focuses on safeguarding and promoting the concept of  freedom of expression worldwide. The group enforces that this right is necessary to strengthen democracy and pre-empt conflict and war. Article 19 enforces its principles in collaboration with several national government and non-profit organizations. In fact, Article 19’s network is spread in over 30 countries across Africa, Europe, Latin America, Middle East and Asia, Latin America and the Middle East - to lead institutional, cultural and legal change.

Understanding the Scope of Article 19

Article 19 primarily monitors the threats to the freedom of expression across the world and develops strategies to address them. Other key functions performed by the organization are:

• Standard-setting and establishing guidelines for different forms of media and public broadcasting Analyzing existing laws on freedom of expression and assisting governments in development of appropriate laws and standards for protection of the right
• Litigation in courts on behalf of an individual or group whose freedom of expression has been gravely violated
• Providing legal training to the judiciary, NGOs and media to foster initiatives that enforce the right

Freedom of Speech and Expression in the Constitution of India

The Constitution of India states that it is the right of every citizen to gather information and express it to others, within as well as outside India. The Constitution recognizes that the freedom of expression is not subject to any geographical limitations. The freedom is, however, restricted in the following cases under Article 19 of the Indian Constitution:

• If the expression jeopardizes the security of the State, such as probability to trigger a war or external aggression
• If it puts at risk India’s relation with a foreign State(s)
• If it hampers public order, which entails peace and safety of the general public
• If it is indecent, obscene or immoral in nature. It must be noted that the standard of morality varies from place to place and time to time
• If it is in contempt of court, for instance questioning a court’s judgment in public or challenging the integrity of a judge
• If it is in the nature of defamation, which injures another individual’s reputation
• If it incites an offence or forces someone to commit a crime
• If it challenges the integrity and sovereignty of India