13.
This leads us to a discussion of what is the content of the
expression “freedom of speech and expression”.
There are
three concepts which are fundamental in understanding the
reach of this most basic of human rights.
The first is
discussion, the second is advocacy, and the third is incitement.
Mere discussion or even advocacy of a particular cause
howsoever unpopular is at the heart of Article 19(1)(a). It is
only when such discussion or advocacy reaches the level of
incitement that Article 19(2) kicks in. 3 It is at this stage that a
law may be made curtailing the speech or expression that leads
3
A good example of the difference between advocacy and incitement is Mark Antony’s speech in
Shakespeare’s immortal classic Julius Caesar. Mark Antony begins cautiously. Brutus is chastised for calling Julius
Caesar ambitious and is repeatedly said to be an “honourable man”. He then shows the crowd Caesar’s mantle and
describes who struck Caesar where. It is at this point, after the interjection of two citizens from the crowd, that
Antony says“ANTONY- Good friends, sweet friends, let me not stir you up
To such a sudden flood of mutiny.
They that have done this deed are honourable:
What private griefs they have, alas, I know not,
That made them do it: they are wise and honourable,
And will, no doubt, with reasons answer you.
I come not, friends, to steal away your hearts:
I am no orator, as Brutus is;
But, as you know me all, a plain blunt man,
That love my friend; and that they know full well
That gave me public leave to speak of him:
For I have neither wit, nor words, nor worth,
Action, nor utterance, nor the power of speech,
To stir men's blood: I only speak right on;
I tell you that which you yourselves do know;
Show you sweet Caesar's wounds, poor poor dumb mouths,
And bid them speak for me: but were I Brutus,
And Brutus Antony, there were an Antony
Would ruffle up your spirits and put a tongue
In every wound of Caesar that should move
The stones of Rome to rise and mutiny.
ALL- We'll mutiny.”
14