The right to express opinions and freedom of expression are very important in a democratic country. Intellectuals have long supported it as a gateway to other freedoms, believing that restrictions on freedom of expression inevitably lead to restrictions on other rights, such as the right to information. The right to freedom of expression is guaranteed by article 19 (1) (a) of the Constitution of the Republic of India.
On the other hand, article 19 (1) (g) of the Indian Constitution is important in determining the standards applicable to the conduct of many media, i.e. the media in India.
However, the right to freedom of expression is confused and equates to the need to ignore the media as a business (referred to in article 19 (1) (g) of the Constitution of the Republic of India), which significantly affects it. The rights of the citizen and the rights of the owner of the media company fall under different criteria and contours and cannot be considered simultaneously.
It is very important to understand that freedom of speech and expression includes freedom of movement, since the ability to disseminate one’s speech is an integral part of that freedom. It is also important to understand that the news recipient and news editor belong to fundamentally different interest groups. That is why our legislators so clearly distinguish between expressing their own opinions and publishing/spreading news. Thus, these two concepts need different levels of misunderstanding to ensure that the subsequent right retained in article 19 (1) (g) does not revoke the rights enshrined in article 19 (1) (a) or restriction.
Freedom of the press, in the meaning of article 19 (1) (g) should be guaranteed as such to ensure that the public is properly informed. In addition, evidence of State autonomy is judged by the degree of press attention to ensure that ordinary citizens do have the right to freedom of expression and expression – to ensure an effective democracy – and that such a right does not affect them. for commercial purposes.
The Constitution, the highest law of the country, guarantees freedom of expression under article 19, which deals with the protection of certain rights with respect to freedom of expression. While article 19 (1) (a) stipulates that all citizens have the right to freedom of expression, on the other hand, article 19 (1) (g) allows any person to engage in professional activities or to engage in any profession. , trade or business.
Moreover, basic rights were part of the basic structure of India’s constitution and could not be changed. Certain restrictions had been imposed on freedom of expression by article 19 (2), and constitutional protection was the greatest guarantee of freedom of expression in India. Moreover, under Indian law, freedom of speech and freedom of the press did not give an absolute right to express themselves freely. Section 19 (2) of the Indian Constitution allows a legislator to impose the following restrictions:
Friendly relations with foreign countries,
Decency and morality,
Disrespect for the court,
Incitement to violation and
India’s sovereignty and integrity.
In view of the aforementioned restrictions, each individual and media organization should understand whether there is a violation of the aforementioned restrictions, citing freedom of expression as an authority. In fact, a very fine line separates the right to freedom of expression from its limitations. Therefore, it is necessary to fully understand the correctness.