When free speech is truly free | Important aspects of governance | Section 124-A of the Indian Penal Code.

When free speech is truly free | Important aspects of governance | Section 124-A of the Indian Penal Code.

Freedom is a theme which is going to come up again and again through this election. It is a term, like 

truth, that has globally become extremely important today.

Elements of democracy:

• We often tend to think that among the main elements of democracy are the holding of elections and a free media.
• Both elections and free media are important because they stand, among other things, for the notions of free speech and free expression.
• Casting a vote anonymously, of one's own free will, is an example of free expression and is broader than just 'free speech'.
• Similarly, when the media has the freedom to air all kinds of views, it is seen to be an example of free speech.
• But is free speech really the essence of democracy? Is it really so important for an effective democracy?

The balance between democracy and free speech:

• Paradoxically, there is an inherent tension between free speech and democracy.
• If free speech is understood merely as the freedom to say what one wants, then that is obviously not conducive to meaningful social behavior.
• For example, one can spread falsehood about another in the name of free speech. One can insult, lie, create harm and hatred through free speech.
• Rumor, gossip, fake news and deliberate lying can be hidden under the guise of free speech. It is speech with an ulterior motive. To call these as free speech is a mistake.

Meaning of Free Speech:

• What is really free in free speech? the freedom to say what one wants?
• We can't constrained by languages, words, concepts and grammar, and even by the physical contours of our mouth.
• We are constrained by the biological and cognitive structures related to thought and its expression through language.
• In addition to constraints, all speech also has a cost.
• Thus, the essence of free speech is not really about the freedom to say what we want.
• It is more about speech which is free, which comes with no cost.
• Free speech is actually speech for which you don't pay a price. but paying a price is not in the hands of the speaker.
• Free speech is nothing but the conditions under which the hearer is not allowed to take offence and intimidate the speaker.
• The real freedom of the speaker to say what she wants but in the constraint on hearers to allow the speaker  to say what she wants.
• Thus, when we demand the right to free speech, we are essentially demanding the right to stop others from not letting us speak.
• The most important consequence of the idea of free speech is that it shifts the responsibility of free speech from the speaker from the speaker to the hearer.

Validity of Criticism of Government:

• Criticizing the government or nation is not the same as slandering an individual. Such criticism is not just a right, it is more a duty of democratic societies.
• In a true democracy, there is nothing that can be considered as slandering the government, even if a criticism may be wrong and unjustified.
• democracy is about governance for others and on behalf of others. It is a social and public system of responsibility of governance.
• The very foundation of democracy is collective action and the real freedom in a democracy is the freedom of choosing who will govern on our behalf.
• The true power of free speech lies in its capacity to make those in power accountable to those who do not have power.
• The price we demand for making somebody govern on our behalf (the elected leaders) is to allow us to say what we want about them, not as individuals but as political leaders.

Conclusion:

➧Thus, true free speech covers only those acts of speech which speak against power, and keep those in power accountable. it thus safeguards the most cherished democratic principle.

➧Free speech by itself is not the essence of democracy but is the means by which any democracy can be sustained.

➧Anybody who doesn't like to hear criticism of government or government representatives is being undemocratic. We dilute the importance of free speech when we use it to derive personal benefit or cause harm or do so in situations which are not about power. Speech, in the task of keeping check on power, has to be subsidized and made free by those in power.