C.P. No. 3506/2020
16
and other factors. It is essential for the Councils of Complaints to promote
tolerance
and
inclusivity,
as
this
is
crucial
for
fostering
peace,
understanding and social cohesion in an increasingly diverse and
interconnected world.
25.
It is also important to underline that freedom of expression is
an effective and a powerful fundamental rights as it gives voice to other
freedoms and rights i.e. freedom of thought, right to life, liberty and
dignity. Freedom of expression helps actualize other fundamental rights,
hence its prominence and importance is easily distinguished in the cluster
of fundamental rights. However, while freedom of expression is a
fundamental human right, it is not absolute and can be subject to certain
limitations. These limitations are usually put in place to balance the rights
of individuals with the broader interests of society, public order, and
national security. Some common limitations on freedom of expression
include: (i) laws against defamation (libel and slander), which are in place
to protect individuals' reputations from false and damaging statements; (ii)
laws against hate speech, which is a speech that incites violence,
discrimination or hostility towards a particular individual or group based
on attributes such as race, religion, ethnicity, gender or sexual
orientation. Such laws aim to protect targeted groups from harm and
promote social harmony; (iii) laws against obscenity and pornography to
protect public morality and decency; (iv) laws to protect national security,
public order or public safety. In times of emergency or crisis, governments
may impose temporary limitations on freedom of expression to maintain
public order, protect national security or prevent the spread of
misinformation; and (v) laws to protect personal privacy. Such laws may
restrict the disclosure of certain information, such as medical records or
personal correspondence, to protect individuals' right to privacy. It is
important
to
note
that
these
limitations
should
be
necessary,
proportionate and clearly defined by law to avoid abuse or infringement on
fundamental freedoms. In democratic societies, the courts often play a
crucial role in interpreting and determining the appropriate balance
between freedom of expression and these limitations.
26.
The fundamental point that needs to be noted in this regard is
that the exhibition of any kind of works of art and literature, which
includes plays and dramas broadcasted on electronic media, is a part of
the fundamental right to freedom of expression guaranteed by Article 19 of