Importance Of Freedom Of Expression Essay

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It has been well settled that freedom of expression is one of the most cherished values of a free democratic society. It is indispensable to the operation of a democratic society whose basic postulate is that the government shall be based on the consent of the governed. But, such a consent implies not only that the consent shall be free but also that it shall be grounded on adequate information, discussion and aided by the widest possible dissemination of information and opinions from diverse and antagonistic sources. The media on reporting and publishing the matter must have ‘fair and accurate’ matter, based on evidence and strong sources. There has been a responsibility given to the media and should be handled accordingly. Freedom of expression which includes freedom of the press has a capacious content and is not restricted to expression of thoughts and ideas which are accepted and acceptable but also to those which offend or shock any section of the population. It also includes the right to receive information and ideas of all kinds from different sources. In essence, the freedom of expression embodies the right to know. However, under our Constitution no right in Part III is absolute. Freedom of expression is not an absolute value under our Constitution. It must not be forgotten that no single value, no matter exalted, can bear the full burden of upholding a democratic system of government. Therefore, understanding that no provision in part III of the constitution is not absolute, it must be understood, that if by implication the ambit of ‘freedom of speech and expression’ has become wider, then similarly, by implication certain ‘prior restraints’ are also applicable, meaning that the media needs to understand its freedom to ...

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...erferes with the course of justice or due administration of justice. According to Nigel Lowe and Brenda Sufrin and also in the context of second part of Article 129 and Article 215 of the Constitution the object of the contempt law is not only to punish, it includes the power of the Courts to prevent such acts which interfere, impede or pervert administration of justice. If in a given case the appropriate Court finds infringement of such presumption by excessive prejudicial publicity by the newspapers (in general), then under inherent powers, the Courts of Record suo motu or on being approached or on report being filed before it by subordinate court can under its inherent powers under Article 129 or Article 215 pass orders of postponement of publication for a limited period if the applicant is able to demonstrate substantial risk of prejudice to the pending trial.

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