ideas about public and political issues between citizen’s candidates and
elected representatives is essential. This implies a free press and other
media able to comment on public issues without censor or restraint and
to inform public opinion. The Public also has a corresponding right to
receive media output”.
Narrowly drawing offences has been treated as particularly important in the case of
free speech because of what is known as “chilling effect” which occurs when a wide
or vague speech-restricting provision forces self-censorship on speakers even with,
because they do not wish to risk being caught on the wrong side of it.
In New York Times v. Sullivan, 376 U.S.254 (1964) Brennan, J. explained (at
para18, page 725) that “would-be critics of official conduct may be deterred from
voicing their criticism, even though it is believed to be true and even though it is, in
fact, true, because of doubt whether it can be proved in court for fear of the expense
of having to do so. They tend to make only statements which “steer for wider of the
unlawful zone.” The rule thus dampens the vigor and limits the variety of public
debate.
In Ramilla Maidan Incident V. Home Secretary Union of India (UOI)(2012) S
SCC I, Swatanter Kumar, J. observed:
It is significant to note that the freedom of speech is the bulwark of democratic
Government. This freedom is essential for proper functioning of the democratic
process. The freedom of speech and expression is regarded as the first condition of
liberty. It occupies a preferred position in the hierarchy of liberties, giving succor
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