“There’s no doubt that safeguarding the right to free speech is crucial, and we must be vigilant in ensuring its protection. In our dynamic world, new methods to limit this right may emerge, but we must be wary of any direct or indirect attempts to suppress it. Our system acknowledges that freedom of speech is not just a constitutional assurance but also integral to leading a dignified life. Upholding this right is fundamental to preserving our dignity and individual liberties.”Justice suryakant
NEW DELHI: Recently, Supreme Court Justice Surya Kant emphasized the crucial need to protect the right to freedom of speech, particularly for journalists and the media. Justice Kant highlighted the disapproval of courts towards attempts to curtail this fundamental right through innovative means. He emphasized that safeguarding freedom of speech is not only a constitutional guarantee but also an integral part of a dignified life.
These remarks were made during the launch of the book titled ‘Comparative Advertising: Law & Practice,‘ authored by Senior Advocate Chander M Lall. The event was attended by other esteemed judges, including Supreme Court Justice KV Viswanathan, Delhi High Court Acting Chief Justice Manmohan, and Delhi High Court Judge Justice Vibhu Bakhru on May 10.
Justice Suryakant Stated
“There’s no doubt that safeguarding the right to free speech is crucial, and we must be vigilant in ensuring its protection. In our dynamic world, new methods to limit this right may emerge, but we must be wary of any direct or indirect attempts to suppress it. Our system acknowledges that freedom of speech is not just a constitutional assurance but also integral to leading a dignified life. Upholding this right is fundamental to preserving our dignity and individual liberties.”
Justice Kant emphasized the need for zealous protection of the right to freedom of speech and stressed the importance of taking all necessary measures to preserve this right. While acknowledging that various innovative methods and mechanisms might be employed to curtail freedom of speech, he emphasized the disapproval of such efforts by the courts.
Justice Kant highlighted that the right to dignified life encompasses the right to free speech, making its protection imperative.
“Specifically concerning journalists and the media, their rights should be safeguarded within the bounds of constitutional restrictions. While certain limitations may be deemed reasonable, the fundamental right to freedom of speech must always be upheld. Determinations regarding restrictions should be made on a case-by-case basis. If it’s found that restrictions are imposed with the intent to stifle freedom of speech rather than for legitimate reasons, the courts have strongly condemned such actions.”
Justice Kant specifically addressed the freedom of speech for journalists and the media, asserting that their rights must be protected, subject to constitutional restrictions. He emphasized the significance of distinguishing between reasonable restrictions and attempts to gag the media.
While reasonable restrictions may be qualified, any efforts to curtail freedom of speech under the guise of reasonable restrictions have been strongly disapproved by the courts. The protection of journalists and media is crucial to ensuring a vibrant and independent press.
Justice Viswanathan, another Supreme Court judge present at the event, highlighted that arresting a journalist after an article is a straightforward method of gagging the media.
However, this isn’t always the situation, and sometimes, creative methods are developed to achieve the same outcome.
“In the Bennett Coleman case, the issue revolved around free speech. The government at the time simply increased the duty on investment in newsprint, which adversely affected newspapers. The courts intervened, recognizing the essence of the infringement on free speech rather than just its form. They struck down the measure, affirming its violation of free speech. This instance illustrates how courts have acted to safeguard free speech, even in the face of challenges. Such situations have occurred in the past, may continue to arise, and the courts are expected to play a proactive role in protecting the right to free speech within the framework of the constitution.”
Delhi High Court Acting Chief Justice Manmohan emphasized that free speech holds the highest pedestal and it is essential to ensure the presence of “free” after “speech.” This statement underscored the significance of upholding the unrestricted nature of free speech and preventing any encroachments on this fundamental right.
