In Defense of Freedom of Expression

Recently the idea of freedom of expression was put to test and as always we showed how little they understand about this rather basic tenet of democracy.

First, an actress made a ridiculous claim about the manner in which India was liberated from the British. An FIR was filed against the actress.

Second, a comedian did a routine about the dual standards in India, An FIR was filed against the comic.

Third, a Delhi-based politician and lawyer wrote a book that made preposterous claims about religion. His home was vandalized. 

A local leader who took offense to the portrayal of the manner in which his community was portrayed in a recent film announced a reward to anyone who attacks the film’s lead actor

Irrespective of what you thought these ideas expressed, they were mere words uttered. There was no call for violence and there was no violence.

The Freedom of Speech and Expression is a fundamental right guaranteed to all citizens under the Constitution of India.

However, the Constitution does not guarantee an absolute individual right to freedom of expression. Instead, it envisages reasonable restrictions that may be placed on this right by law.

Many laws that restrict free speech such as the laws punishing sedition, hate speech, or defamation, derive their legitimacy from Article 19(2).

But these restrictions are flawed and are contrary to the principles of freedom.

What is obscene to one may be artful to another. What is crass to one may be hilarious to another. What is crude to one may be engaging to another. A hateful to somebody may be compelling to another. What is seditious to one may be rebellious and provocative to another. We allow the personal taste to dictate what is permitted in any forum of ideas.

However, If a state’s citizenry is not free to express themselves, then their other civil and political rights are also under threat.

The freedom of expression, however, is paramount to the working of democracy and it includes the right to offend.

Freedom of expression is the most important tenet of a functioning democracy. This includes the right to opine, to criticise, to offend, to insult, to ridicule, to satirize, to express hateful and obscene ideas, and to ridicule anything under the sun including the state,  religion, public figures, the formidable fourth estate, and even the almighty.

Most importantly it is the healthy exchange and debate about diverse ideas, not echo chambers, that facilitates progress as we learn to understand and empathize with the opposing point of view. Also denying an individual his right to express is denying yourself the right to be exposed to it.

Freedom of expression emanates from freedom of thought and it is often these thoughts that have led to change in society. All the great works of art, inventions, and discoveries would have probably been impossible if someone somewhere, had not dared to be different and more importantly dared to express this difference of opinion without fear.

It is this solitary contrarian voice that begins like a flickering flame but with the support it results in illuminating everybody. If we become a society that sticks to convention we cease to grow.

Most importantly the only way to confront words is words. Engage in a debate and defeat the individual on logic and fact. At times it is wise to ignore the provocateur because these controversies make them more famous and even elevate them to positions of leadership.

However, the overburdened legal system must not be misused to target these provocateurs.

But as Justice Oliver Wendell Holmes opined: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” In other words, civility and public safety will always govern the right to free expression.

Sticking to the theme of famous quotes (perhaps clichés) English author Evelyn Beatrice Hall, not Voltaire famously said: “I may disapprove of what you say, but I will defend to the death your right to say it.”

One would hope that these very profound words, the fundamental axiom of their being.