Matter of free speech

ADJUDICATING on the larger question of whether more restrictions could be imposed on the public functionaries’ right to freedom of speech, the Supreme Court has ruled in the negative. Saying that Article 19(2) refers to reasonable restrictions on free speech, the five-judge Bench on Tuesday said there was no scope for imposing additional restrictions on them in the greater interest of other citizens and their rights. Thus, the restrictions to free speech while expressing views on sensitive matters apply to the MPs, MLAs and other public officials equally with all other citizens. In this context, the onus falls on the voters to force political parties concerned to have a code of conduct in place.

While there can be little argument against this verdict upholding the principle of equality, it leaves room for debate on the subject of freedom of expression acquiring the potential to cause harm or incitement to discrimination, hostility and violence. For, no law condones such acts. These times of social media, especially in a country as diverse as ours, have given rise to increasing instances that trigger the dilemma of what constitutes freedom of speech and what is a derogatory and vitriolic remark or work of art. Consequently, the blurred line between the two leads to misuse of the provisions of the law, biased behaviour and shielding of erring people who wield power.

The dissenting view of Justice Nagarathna shines light on the way forward. Disagreeing with the majority’s opinion, she said if a minister makes disparaging statements in official capacity, it can be vicariously attributed to the government. Pertinently, she emphasised that hate speech must not be allowed on the pretext of freedom of speech as it ‘denies human beings the right to dignity’ by striking at the foundational values by ‘making the society unequal and also attacks citizens from diverse backgrounds’. Given the reach and impact of leaders and celebrities, they would do well to abide by her advice: that they owe a duty to the society to be more responsible and restrained in their speech. Indeed, everybody should measure their words before uttering them.