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 38

Select target paragraph3