The Supreme Court (SC)reserved its judgment on whether free speech by public functionaries, including inter alia ministers, MLAs, MPs, should have greater restrictions than those imposed by Article 19 (2).
Key points highlighted by the Bench
Bench: Five-Judge Constitution Bench- Justices S A Nazeer, B R Gavai, A S Bopanna, V Ramasubramanian, and B V Nagarathna
Article 19 (2) relates to the powers of the State to make laws imposing reasonable restrictions on the exercise of the right to freedom of speech and expression in the interest of sovereignty and integrity of the country, public order, decency, morality, etc.
What does the ‘Constitutional Limitation’ means?
Hate Speech and Law
Meaning: According to the 267thReport of the Law Commission of India, Hate Speech is stated as an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief, and the like.
Important Provisions: Under the existing laws, neither hate speech has been defined, nor is there any specific provision to curb it. Police take recourse to Sections 153(A) and 295(A)to tackle it.
Is controlling the freedom of Speech of officials against Constitutional Provision?
What is the difference between hate speech and freedom of speech?
Hate speech is considered a reasonable restriction on freedom of speech and expression.
Important Judgements on Freedom of Speech vs.Hate comments:
Ramji Lal Modi v State of Uttar Pradesh:
RamlalPuri v State of Madhya Pradesh:
BaragurRamachandrappa v State of Karnataka:
Verifying, please be patient.