1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
EVOLUTION OF RIGHT TO
FREEDOM OF SPEECH
AND
EXPRESSION
KRISHNAVENI SIVAGNANAM
HEAD RESEARCH

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTERNATIONAL
INSTRUMENTS
Freedom of Speech and Expression has often been considered a
fundamental benchmark for any liberal democracy and is
inseparable element of a democratic society.. Freedom of speech
(synonym Freedom of expression . Whether the society is democratic
or not can be defined by the factor of independent press and mass
media. The right to freedom of speech as one of the basic human
rights is enshrined in main international human rights documents
-The Universal Declaration on Human Rights (UDHR) and the
International Covenant on Civil and Political Rights (ICCPR) which
guarantee the right to freedom of expression, both in Article 19.
Freedom of expression is not only important in its own right but is
also essential if other human rights are to be achieved.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONSTITUTIONAL RIGHT
In India it has been enshrined by out Constitution makers in
Article 19 (1) (a) which reads as
Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
Nothing in sub clause (a) of clause ( 1 ) shall affect the operation
of any existing law, or prevent the State from making any law, in
so far as such law imposes reasonable restrictions on the
exercise of the right conferred by the said sub clause in the
interests of the sovereignty and integrity of India, the security of
the State, friendly relations with foreign States, public order,
decency or morality or in relation to contempt of court,
defamation or incitement to an offence

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Right to freedom of expression can be defined as
“Right to express one's ideas and opinions freely through
speech, writing, and other forms of communication but without
deliberately causing harm to others' character and/or reputation
by false or misleading statements. Freedom of press is part of
freedom of expression.
Some interesting quotes :
“If freedom of speech is taken away, then dumb and silent we may
be led, like sheep to the slaughter.”
― George Washington
“Give me the liberty to know, to utter, and to argue freely according
to conscience, above all liberties.”
― John Milton, Areopagitica
“This is slavery, not to speak one's thought.”
― Euripides,

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Freedom of expression in India has come under threat on
many occasions . We shall discuss in detail several occasions
where this freedom was called under question namely the
Ashis Nandy FIR, the smothering of Kashmir’s first all girls
rock band’s music, and the removal of semi-nude paintings
of Hindu deities from an art gallery upon the police’s
‘suggestion’ State government’s ban on Vishwaroopam,
Fanna ,. Another Rushdie-banning controversy is upon us,
and yet another Facebook user’s arrest has made the news
and many more

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Ashish Nandy, one of the finest scholars we have is caught in a mistaken
identity of argument is not the real tragedy. Nandy’s remark , “It will be a
very undignified and—how should I put it—almost vulgar statement on
my part. It is a fact that most of the corrupt come from the O.B.C.s and
the scheduled caste and now increasingly the scheduled tribes. And as
long as this is the case, the Indian republic will survive.”’ What Ashis
Nandy actually meant was that the corruption of the SC/STs and the
OBCs are visible because they have not yet developed the mechanisms of
effective social camouflage, which the elites are adept at, of course.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
“Satanic Verses” a novel written by Sir Salman Rushdie caused a huge
controversy in the Islamic community.
Numerous Muslim scholars around the world accused the book to contain
blasphemous references. The novel basically comprises of a frame narrative
and a series of sub-plots that are narrated as dreams seen by a protagonist.
It also uses various elements of magical realism. It was honoured as the
novel of the year in the 1988 Whitbread Awards and was the finalist in the
Man Booker Prize for Fiction in the same year .Ayatollah Ruhollah
Khomeini, a famous Shi’a Muslim scholar and the supreme leader of Iran
at that time, issued a fatwa by calling out to all proper Muslims to murder
the publishers of the book and Rushdie himself. Various people who were
associated with the book were physically harmed while the Japanese
translator of the book, Hitoshi Igarashi, was killed in the year 1991.
However, Rushdie himself has not faced any sort of physical harm till date.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Artist M F Hussein has been referred by the Forbes magazine as the
"Picasso of India". He was in fact one of the highest paid Painters of India.
He attracted a lot of controversy and wrath after painting the nude images
of Hindu Deities, .: The Kerala Government's announcement to award M F
Husain with the prestigious Raja Ravi Varma award also led to a lot of
controversy. A series of cases were brought against Hussain following the
controversies and he was even issued a non-bailable warrant after he failed
to respond to summons from the Court. He also received death threats. The
opposition from Indian Public and Government resulted in the artist moving
out of India and set his base in Dubai and London.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
In September, political cartoonist Aseem Trivedi was arrested and charged with
sedition for depicting the national emblem and parliament in bad light.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
All Girls Band Muzzled
The 10th-class students – vocalist-guitarist Noma Nazir, drummer Farah
Deeba and guitarist Aneeka Khalid — had formed a rock group called
Pragash Band and rose to fame in December 2012 after their performance
at the annual Battle of the Bands competition. –
Their music was silenced by the grandmufti’s declaring it ‘un-Islamic’,
Bowing to social pressure and fear for life , Kashmir’s first all girl rock
band decided to quit after a fatwa was issued against them by the head
Grand Mufti, despite assurances from Jammu and Kashmir Chief Minister
Omar Abdullah as well as other civil society organizations

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Actor Aamir Khan whose is a social activist
invited the wrath of the Gujarat Govt. It all began
with people protesting against raising the height of
the Narmada Dam which we in India supposedly
need to meet our insatiable demand for energy
particularly in this case – electricity. The
protestors are demanding proper rehabilitation for
the thousands of people that have been displaced
because of this mammoth project. Aamir Khan
joined in to give their demands a louder voice.
Due to this expression of opinion. the right wing
ruling Hindu party in Gujarat the BJP has banned
all products endorsed by the actor including Coca
Cola and Toyota cars and also his latest film
release Fanaa..

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
For years, Shivsena has intimidated Bollywood with threats to
disrupt movie openings. Eager to excite its base of supporters it
pounced on a recent comment by Mr.Shah Khan about Pakistani
cricket players.
A controversy erupted after no Pakistani players were selected
in the recent draft of the Indian Premier League. Mr. Khan, who
owns a team in the league, said some should have been included,
a sentiment expressed by others, including India’s home minister.
This comment resulted in the rising against the film My name is

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
India's commitment to free speech has been cast into the spotlight yet
again after two women were arrested over a Facebook post this
weekend.. Two girls from nearby Thane district were arrested by the
Mumbai Police for posting a Facebook comment that questioned the
bandh in Mumbai following Shiv Sena leader Bal Thackeray's death
While 21-year-old Shaheen Dhadha was arrested for Facebook status
update which reportedly read: ‘People like Thackeray are born and
die daily and one should not observe a bandh for that.’
The arrests of Shaheen Dhada and Renu Srinivasan sparked public
outrage across the country, and drew criticism from civi society,
media ,and the government.

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
In April 2012, Ambikesh Mahapatra a university
professor was arrested in West Bengal for circulating
an email with pictures that poked fun at the state’s
chief minister.

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Malala Yousafzai, the educational campaigner from Swat Valley,
Pakistan, came to public attention by writing for BBC Urdu about
life under the Taliban. Using the pen name Gul Makai, she often
spoke about her family's fight for girls' education in her community.
In October 2012, Malala was targeted by the Taliban and shot in
the head as she was returning from school on a bus. She
miraculously survived and continues her campaign for education.
ACROSS THE BORDER
The recent arrest of Chiranuch Prem chaiporn, the director and
editor of Prachatai, a popular online newspaper in Thailand, is a
cause celebre in which lèse-majesté laws ( Comments against the
royal family) She was later charged with an additional nine counts
under the CCA on April 7, 2010 from the information she provided to
the Royal Thai Police, and faced up to fifty-years imprisonment for
comments she did not even make

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
In the above incidents the government initiated action either by
authorisation given under Article 19 (1) (a) or Section 66A of the
Information Technology Act – which deals with information that is
“grossly offensive” or “has menacing character,” or causes annoyance
or inconvenience . They have been used repeatedly to arrest critics of the
government. The law allows for up to three years in prison under this
section. The Department of Information Technology promulgated vague
implementing rules in 2011 that further required online service providers
to restrict a range of information, including content that is “grossly
harmful,” “disparaging,” “harm[ful to] minors in any way,” or that
“threatens the unity, integrity, defence, security, or sovereignty of India.”

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THE SUPREME COURT HELD
In 2011, when Prakash Jha took a few state
governments to Supreme Court for banning his film
Aarakshan he won the case. A Hindu editorial
supporting Jha that time quoted these lines from an
earlier judgement: “freedom of expression cannot be
suppressed on account of threat of demonstration
and processions or threats of violence.” Rangarajan
v. P. Jagjivan Ram (1989

19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
Our legal system needs to take a firm, consistent stand during such
exigencies . We need to stop mirroring the evils of outdated law in fresh
legislations like the Information Technology Act, and work instead to
remove law and practices that institutionalise intolerance.