Question 9 of 9advanced⚖️ EvaluateLong Answer5 marks

What is meant by freedom of expression? What in your view would be a reasonable restriction on this freedom? Give examples.

(i)
Answer

Freedom of expression refers to the liberty of individuals to express their thoughts, ideas, and opinions freely, including freedom of thought and discussion. It belongs to the minimum area of 'non-interference' where the state or society should not impose restrictions. J.S. Mill, in his book On Liberty, offered a passionate defence of freedom of expression, arguing that even ideas that appear 'false' or misleading today should be allowed to be expressed. He provided reasons why freedom of expression should not be restricted. It is considered a fundamental value that society must be willing to protect, even if it means bearing some inconvenience. As Voltaire famously stated, 'I disapprove of what you say but I will defend to death your right to say it.'

(ii)
Answer

In my view, reasonable restrictions on freedom of expression would be those that are justifiable, capable of being defended by reason, not excessive, and not out of proportion to the action being restricted. These restrictions must be supported by proper procedures and important moral arguments. For example, restrictions may be necessary to maintain the stability of society or to prevent content that could cause serious harm to public order. However, we must not develop a habit of imposing restrictions since such a habit is detrimental to freedom. At various times, there have been demands to ban books, plays, films, or academic articles, but such demands must be carefully evaluated. Freedom of expression is so valuable that society should bear some inconvenience to protect it from those who want to restrict it without sufficient justification.

Explanation

The answer draws directly from the textbook's discussion on freedom of expression and reasonable restrictions. Part (i) explains the concept using J.S. Mill's defence and the idea of non-interference. Part (ii) discusses reasonable restrictions as mentioned in the context of Indian constitutional discussions, emphasizing that restrictions must be proportionate and justifiable.