Answer:

Introduction:

The concept of “freedom of speech and expression” is a fundamental human right, enshrined in democratic constitutions worldwide, including the Constitution of India under Article 19(1)(a). It embodies the essence of individual autonomy, fostering democratic participation, and promoting the exchange of ideas.

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Freedom of speech and expression: 

The freedom of speech and expression, at its core, allows individuals to voice their opinions, beliefs, and sentiments without the fear of reprisal, censorship, or legal sanctions. This freedom plays a crucial role in the evolution of a democratic society by ensuring an open dialogue, which in turn can lead to social, political, and even economic progress.

Does it Cover Hate Speech?:
While freedom of speech is vast in its scope, it isn’t absolute. One of the pressing debates worldwide is whether this freedom encompasses “hate speech.” Hate speech is any form of expression that discriminates, maligns, or incites violence or prejudice against a group based on attributes such as race, religion, ethnic origin, or gender.
In India, the freedom of speech and expression does not cover hate speech. Laws such as the Indian Penal Code (IPC) have provisions (Sections 153A, 153B, 295A, etc.) that penalize speech that disrupts communal harmony, outrages religious feelings, or promotes enmity between different groups.

For example,
An oft-cited instance in India is the ban on the book “The Satanic Verses” by Salman Rushdie. The book was deemed to be potentially hurtful to the sentiments of a particular community, leading to its ban.

Films in India – A Different Plane of Expression:
Films in India are not just modes of expression but are also powerful tools that influence popular culture and societal norms. Given the wide reach of cinema in India, they have been placed on a slightly different pedestal than other forms of expression for the following reasons:

• Mass Influence: Films have the power to shape societal perceptions, values, and behaviors. With this immense influence comes a responsibility to ensure that the content doesn’t mislead or incite harm.
• Commercial Aspect: Unlike personal opinions or casual conversations, films involve significant commercial interests, making it vital to strike a balance between creativity and public interest.
• Regulation through Certification: The Central Board of Film Certification (CBFC) reviews and classifies films in India. While some argue this is a form of censorship, it’s defended on the grounds of maintaining public order, decency, and morality.

For instance,
The film “Padmaavat” faced numerous controversies and bans in several states due to alleged misrepresentation of historical figures, showcasing the sensitivity of films and their potential societal impact.

Conclusion:

Freedom of speech and expression, while fundamental, comes with its set of responsibilities and limitations, especially in a diverse and pluralistic society like India. While it’s paramount to ensure that voices aren’t stifled, it’s equally crucial to ensure that such freedoms don’t become tools for hate or incitement. The unique status of films in India underscores the need to tread a careful path between artistic expression and societal responsibility.

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