A recent global survey by The Future of Free Speech has ranked India 24th out of 33 countries in terms of support for free speech.
Global Free Speech Index
- The Global Free Speech Index is conducted by The Future of Free Speech, an independent U.S.-based think tank.
- The Index evaluates public attitudes toward free speech across 33 countries.
- The 2024 survey highlights global trends, regional variations, and the challenges facing free expression worldwide.
Key Highlights of the Index
- Top Performers: Scandinavian countries dominate the rankings, with Norway (87.9) and Denmark (87.0) leading the index.
- Biggest Improvements: Indonesia (56.8), Malaysia (55.4), and Pakistan (57.0) showed significant progress, though they remain at the lower end of the rankings.
- Declining Support: Many democratic nations, including the U.S., Israel, and Japan, have seen a drop in free speech support since 2021.
- Authoritarian-Leaning Nations: Countries like Hungary (85.5) and Venezuela (81.8) scored high, revealing a disconnect between government restrictions and public attitudes.
India’s Position in the Index
- Rank: 24th out of 33 countries, with a score of 62.6.
- Public Perception: Indians believe free speech has improved, but rankings and observers suggest it has worsened since 2021.
- Contradiction: While most Indians value free speech, 37% support government restrictions on criticizing policies — the highest percentage among all surveyed countries.
About The Future of Free Speech:
- The Future of Free Speech is an independent, non-partisan think tank based in the United States.
- It is dedicated to researching, analyzing, and promoting the importance of free speech as a fundamental human right and a cornerstone of democratic societies.
- The organization focuses on understanding global trends, challenges, and opportunities related to free expression in the 21st century.
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Global Trends and Observations
- Erosion of Commitment to Controversial Speech: While abstract support for free speech remains strong, the willingness to defend controversial or dissenting views is declining globally.Democratic Backsliding: Countries like India, Hungary, and Venezuela show a significant gap between public support for free speech and actual government protections.
- These nations are experiencing democratic backsliding, with declining respect for political liberties.
- Cultural vs. Legal Protections: Free speech is not just a legal right but also depends on a culture of open debate and tolerance for dissent. Without public commitment, legal protections may become ineffective.
Freedom of Speech vs. Hate Speech
- The debate between freedom of speech and hate speech revolves around the fine line between expressing opinions and inciting harm.
- While free speech is a fundamental right, hate speech is often seen as a threat to social harmony. The challenge is balancing individual liberty with public safety and dignity.
Hate Speech
- Hate speech refers to speech that promotes violence, discrimination, or enmity against individuals or groups based on religion, caste, ethnicity, gender, etc.
- Laws in India Against Hate Speech:
- Section 153A (IPC) – Punishes speech promoting enmity between groups.
- Section 295A (IPC) – Criminalizes speech that deliberately insults religious beliefs.
- Section 505 (IPC) – Prevents statements that incite public disorder.
- The IT Act, 2000 – Regulates hate speech on digital platforms.
Free Speech in the Indian Constitution:
- The right to free speech is a fundamental right enshrined in the Indian Constitution.
- It is a cornerstone of India’s democracy, allowing citizens to express their opinions, beliefs, and ideas freely.
- However, this right is not absolute and is subject to reasonable restrictions to ensure public order, security, and morality.
Constitutional Provisions:
- The right to free speech is guaranteed under Article 19(1)(a) of the Indian Constitution, which states:
- “All citizens shall have the right to freedom of speech and expression.”
- This provision is part of the Fundamental Rights under Part III of the Constitution.
Reasonable Restrictions:
- While Article 19(1)(a) grants the right to free speech, Article 19(2) imposes reasonable restrictions on this right.
- The grounds for restrictions include:
- Sovereignty and Integrity of India
- Security of the State
- Friendly Relations with Foreign States
- Public Order
- Decency or Morality
- Contempt of Court
- Defamation
- Incitement to Offense
Supreme Court Judgements on the Freedom of Speech and Expression:
- Romesh Thapar v. State of Madras (1950): SC ruled that freedom of speech and expression is essential for democracy.
- The Court Struck down a law banning a magazine, stating that public order was not a valid ground for restriction at that time.
- Bennett Coleman & Co. v. Union of India (1972): The Court ruled that newspaper circulation controls violated Article 19(1)(a).
- It emphasized that freedom of press includes the right to reach people without restrictions.
- Indian Express Newspapers v. Union of India (1985): Declared that freedom of the press is part of freedom of speech and struck down excessive taxes on newspapers.
- LIC v. Manubhai D. Shah (1992): Affirmed that the right to free speech includes the right to reply and circulate one’s opinion.
- Shreya Singhal v. Union of India (2015) – Struck Down Section 66A of IT Act
- It is the most important case of online free speech.
- The Court struck down Section 66A of the IT Act, which allowed arrests for “offensive” online speech.
- Held that vague and arbitrary restrictions violate free speech.
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