MULTI SCREEN MEDIA PVT. LTD Vs. VIDYA DHAR

JUDGEMENT

(1.) Freedom of speech which includes the right to freely express one's convictions and opinions by word of mouth, writing, printing and all other means (addressed to the eyes or the ears), is a freedom guaranteed to citizens of India under Article 19(1)(a) of the Constitution of India. The rationale for protecting freedom of speech has been variously stated by eminent writers and statesman. T.I. Emersion has advanced four primary reasons:

(2.) But society cherishes other values to be attained. They are equally important. Impartial administration of justice and a right to presumption of innocence is one such value. The two interests i.e. interest of the society in freedom of speech and right to a fair and impartial administration of justice have to be balanced, for more often than not, they frequently clash with one another. The resolution of the two conflicts requires the identification of the core values of the two social interests, for only then, can the society harmonize the two.

(3.) Communication is the very essence of social life. It is difficult to imagine a civil society which has no expression. Faith in democracy is rested on the dictum: 'Let people have the truth and freedom to discuss it and all will go well.' The proponents of freedom of expression believe that if there is free trade in the market place of ideas, truth will grapple with falsehood and would ultimately prevail. Thus, they maintain that no fetters whatsoever and howsoever small can be put on freedom of speech.