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Vol 21 No 11 Nov/Dec 2016

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


ISBN13: 9780199460878
Published: March 2016
Publisher: Oxford University Press India
Country of Publication: India
Format: Paperback
Price: £22.99



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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.

Subjects:
Other Jurisdictions , India
Contents:
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