GLOBAL FREE SPEECH INDEX (2024)
NEWS: A recent global survey by The Future of Free Speech has ranked India 24th out of 33 countries in terms of support for free speech.
WHAT’S IN THE NEWS?
The Global Free Speech Index is conducted by The Future of Free Speech, an independent think tank based in the United States. It evaluates public attitudes toward free speech across 33 countries, highlighting global trends, regional variations, and the challenges faced by free expression worldwide.
Key Highlights of the Index
1. Top Performers:
• Scandinavian countries lead the rankings, with Norway (87.9) and Denmark (87.0) securing the top positions.
• These nations exhibit strong public support for free speech alongside robust legal protections.
2. Biggest Improvements:
• Countries such as Indonesia (56.8), Malaysia (55.4), and Pakistan (57.0) showed noticeable improvements in their scores.
• Despite these gains, they still rank in the lower half of the index, indicating ongoing challenges.
3. Declining Support in Democratic Nations:
• Several established democracies, including the United States, Israel, and Japan, have seen a decline in public support for free speech since 2021.
• The trend suggests growing concerns over misinformation, political polarization, and the regulation of controversial speech.
4. Contradictions in Authoritarian-Leaning Nations:
• Countries like Hungary (85.5) and Venezuela (81.8) scored unexpectedly high, despite government-imposed restrictions on speech.
• This indicates a disconnect between public attitudes toward free speech and actual government policies limiting it.
India’s Position in the Index
1. Global Ranking:
• India ranks 24th out of 33 countries, with a score of 62.6.
2. Public Perception vs. Reality:
• A significant portion of Indians believe free speech has improved, despite rankings and global observers suggesting a decline since 2021.
3. Contradictory Views on Free Speech:
• While a majority of Indians support free speech, a substantial 37% endorse government restrictions on criticizing policies.
• This percentage is the highest among all surveyed countries, reflecting mixed opinions on the role of free speech in governance.
About ‘The Future of Free Speech’
• The Future of Free Speech is an independent, non-partisan think tank based in the United States.
• It is dedicated to researching, analyzing, and advocating for free speech as a fundamental human right and a cornerstone of democracy.
• The organization monitors global trends, identifies challenges, and explores opportunities to strengthen free speech protections in the 21st century.
Global Trends and Observations
1. Erosion of Commitment to Controversial Speech:
• While general support for free speech remains high, people are less willing to defend controversial or dissenting opinions.
2. Democratic Backsliding:
• Countries such as India, Hungary, and Venezuela exhibit strong public support for free speech.
• However, government policies and laws restrict free expression, leading to democratic backsliding and declining respect for political liberties.
3. Cultural vs. Legal Protections:
• Free speech is not just a legal right but also relies on a culture of open debate and tolerance for dissent.
• Without strong public commitment, even robust legal protections may become ineffective.
Freedom of Speech vs. Hate Speech
• The debate between free speech and hate speech focuses on the balance between expressing opinions and preventing harm.
• While free speech is a fundamental right, hate speech is often seen as a threat to social harmony and individual dignity.
• The challenge is to ensure individual liberties without allowing speech that incites violence, discrimination, or unrest.
Hate Speech: Definition and Legal Framework in India
1. Definition of Hate Speech:
• Hate speech refers to expressions that promote violence, discrimination, or hostility against individuals or groups based on religion, caste, ethnicity, gender, or other identities.
2. Indian Laws Against Hate Speech:
• Section 153A (IPC): Criminalizes speech promoting enmity between different groups based on religion, race, place of birth, etc.
• Section 295A (IPC): Punishes deliberate and malicious acts intended to outrage religious feelings.
• Section 505 (IPC): Penalizes statements that incite public disorder or spread rumors leading to violence.
• The IT Act, 2000: Regulates hate speech on digital platforms, allowing authorities to take action against offensive online content.
Free Speech and the Indian Constitution
1. Constitutional Protection:
• Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech and expression to all citizens.
• This right is an essential pillar of Indian democracy, allowing people to express opinions, ideas, and beliefs freely.
2. Reasonable Restrictions (Article 19(2)):
• The right to free speech is not absolute and is subject to reasonable restrictions to ensure public order, security, and morality.
• The Constitution allows restrictions on free speech based on:
Sovereignty and Integrity of India
Security of the State
Friendly Relations with Foreign States
Public Order
Decency or Morality
Contempt of Court
Defamation
Incitement to Offense
Supreme Court Judgments on Freedom of Speech and Expression
1. Romesh Thapar v. State of Madras (1950):
• The Supreme Court ruled that freedom of speech is vital for democracy.
• It struck down a law banning a magazine, emphasizing that public order was not a valid ground for restriction at that time.
2. Bennett Coleman & Co. v. Union of India (1972):
• The Court ruled that government-imposed circulation controls on newspapers violated free speech.
• It upheld the principle that freedom of the press includes the right to reach people without restrictions.
3. Indian Express Newspapers v. Union of India (1985):
• The Court declared that freedom of the press is part of free speech and struck down excessive taxes on newspapers.
4. LIC v. Manubhai D. Shah (1992):
• Affirmed that the right to free speech includes the right to reply and circulate one’s opinion.
5. Shreya Singhal v. Union of India (2015):
• The Supreme Court struck down Section 66A of the IT Act, which allowed arrests for ‘offensive’ online speech.
• It ruled that vague and arbitrary restrictions violate free speech, making this case a landmark judgment for online freedom of expression.
Conclusion
• The Global Free Speech Index (2024) reflects both progress and setbacks in different regions.
• While some nations continue to strengthen protections for free speech, others are witnessing growing restrictions in the name of public order and security.
• In India, public support for free speech is strong, but contradictions arise due to government regulations and societal preferences for censorship.
• The debate between free speech and hate speech remains a key challenge, requiring a balance between individual liberty and collective well-being.
Source: https://www.thehindu.com/news/national/india-ranked-24th-out-of-33-countries-in-free-speech-index/article69345028.ece