Limits of Free Speech – Know Your Rights

By shagun , 7 August 2025

Free speech is a right guaranteed to the citizens as per Article 19(1)(a) of the Indian Constitution. However, this right is not absolute; it is subject to reasonable restrictions laid down by the State under Article 19(2).

⚖️ What Free Speech Covers:

Expression by – spoken/written word, art, film, protest and online content.
Right to criticise the government, policies, and public officials.
Media and journalistic freedom (with checks).

🚫 Law allowed Reasonable Restrictions:

The state may restrict free speech in the interest of:

Sovereignty and integrity of India
Security of State
Public order
Decency or morality
Contempt of court
Defamation
Incitement to an offence

These are the valid features for sanction of censorship or any other action.

🛡️ Current Struggles:

Undoubtedly critiquing the government on social media platforms (like that of those arising from the COVID-19 pandemic, farmers' protest, etc.).
Banning of films/web series over religious or political sensitivity.
Criminal cases for commenting publicly about famous people (defamation, sedition).
Content regulation as dictated by the IT Rules, 2021 for online platforms.

🧑‍⚖️ Supreme Court's Perspective:

The SC has indicated the place of dissent and criticism in the price of democracy vis-à-vis the upholding of restrictions only if necessary and proportional.

✅ Learn:

Except for a collective good and legal limits placed on it, free speech exists, but criticism is permitted. Hate speech, incitements and misinformation will be punished, though.

Free Speech vs. State Guidelines – FAQs

1. Am I allowed to speak freely in India?: Yes, according to Article 19(1)(a) of the Constitution; however, there are some limitations.
2. What are the restrictions on free speech?: Speech should not violate public order or morality or provoke national security but must not induce violence.
3. Can I post political opinions online?: Yes. But no hate speech; no abusive words or threats.
4. Can I be punished for criticising the Prime Minister or CM?: Unless it's defamatory or inciting violence, no.
5. Can I freely express religious views?: Yes, but it should not offend another religion or incite or promote communal hatred.
6. Is satire or a meme illegal?: It isn't illegal; it's fine as satire unless it's defamatory, fake, or abusive.
7. Can the police take action on my tweets or my posts?: Yes, as per the IT Rules or defamation laws or different public order laws.
8. Am I permitted to take videos at the protest and share them?: Yes, it is not an offence, but do not spread false information or provoke violence.
9. Is sedition law currently active?: It is presently in terms of a hold by the Supreme Court, but other laws continue to be applicable.
10. Can I be arrested for WhatsApp forwards?: Yes, forwarded items may land you in jail if they are false, inflammatory, incite hatred, or cause panic.
11. Can films/web series get banned?: Yes, it can be banned if those violate laws relating to morality, religion, or national integrity.
12. Can I file a case if someone abuses me online?: Yes, the person can file under cyber defamation or harassment or provisions under the IT Act.
13. Is there a law controlling fake news?: Yes, fake news can attract action under BNS (Bharatiya Nyaya Sanhita), the IT Act, and others.
14. Reporters can speak freely.: However, they should maintain journalistic ethics in not spreading misinformation.
15. Can students peacefully protest?: Yes, peaceful protests are allowed; inciting violence or creating a public nuisance is punishable.
16. Is hate speech a crime?: Certainly, hate speech carries punishment through the new sections of BNS and through other laws.
17. Do social media platforms have to remove hate speech content?: Yes, IT Rules, 2021 require that they resolve such complaints in 72 hours.
18. May I say whatever I want during an election?: No, it violates the model code of conduct and electoral laws about false information and hate speech.
19. May I carry a banner or publicly speak out against the government?: Of course, as long as it is done peacefully and it has the relevant permits.
20. How can I express myself without any conflict with the law?: Speak the truth; don't use any foul or hateful language; arm yourself with adequate research before you hit that post button.