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Offend, Shock or Disturb: Free Speech Under the Indian Constitution

Offend, Shock or Disturb: Free Speech Under the Indian Constitution

Offend, Shock or Disturb: Free Speech Under the Indian Constitution

Author: Gautam Bhatia
Publisher: Oxford University Press India
ISBN: 9780199460878
Published In: March 2016
Format: Paperback
Jurisdiction: India ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book represents the first attempt to comprehensively explore Indian free speech jurisprudence from a doctrinal, comparative and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression (Articles 19(1)(a) and 19(2)), the book discusses, clause by clause, the development of law from colonial times to present-day controversies.

Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them, are all examined. The book focuses on the role of courts in understanding and interpreting the constitutional right to freedom of speech and expression, interrogating judicial premises and reasoning from the point of view of the text, structure, history of the Constitution, the philosophies of speech, as well as the reasoning of similarly-placed constitutional courts.

Acknowledgments

Note on the Text

Preface

Introduction

PART ONE: BACKGROUND

1. Understanding Free Speech

2. Common Concepts

PART TWO: SUBVERSIVE SPEECH

3. Public Order

4. Sedition

PART THREE: FREE SPEECH AND CULTURAL REGULATION

5. Obscenity and Pornography

6. Hate Speech

7. Film and Internet Censorship

PART FOUR: OTHER RESTRICTIONS

9. Contempt of Court

PART FIVE: THE AFREEDOM OF SPEECH AND EXPRESSIONA

10. The Meaning of aSpeech and Expressiona

11. The Meaning of aFreedoma: Free Speech and Economic Structure

PART SIX: NEW HORIZONS

12. Surveillance, Copyright, Source Protection and Net Neutrality

Conclusion

Table of Cases

Bibliography

Index

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