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. (UPSC 2014)

Freedom of speech and expression under Article 19(1)(a) means the liberty to express ideas, opinions, beliefs and criticism through words, writing, art and media, and to receive information. It is not absolute; Article 19(2) permits reasonable restrictions for public order, decency, defamation, security of the State and incitement to offence.

Hate speech and films Hate speech is not protected, as speech that promotes enmity, discrimination or violence against groups falls outside constitutional protection. Films stand on a different plane because they are a powerful mass medium with immediate visual and emotional impact, reach wide and diverse audiences, and can influence public order and morality more intensely than print. Hence, they are subject to prior scrutiny and certification under the Cinematograph law, though restrictions must still be reasonable and based on a proximate threat, not mere apprehension.