CONFLICT BETWEEN COPYRIGHT LAW AND THE FREEDOM OF SPEECH AND EXPRESSION

Abstract

When a fundamental right is conferred by the Constitution, the object that is sought to be achieved from the right conferred is to be analysed. Jurisprudence deals with ‘the law’ by how they grow and effectuate in the society, what could be the foundations and the ends of law. Different Schools of Law (e.g. Natural Law School, Analytical School, Historical School, Pure Theory School, Sociological or the School of Realism) propound the initials of sustenance of law. Jurisprudential justification of these rights is also a sine qua non for its sustenance. 

This paper focuses on freedom of expression conferred by Article 19 of the Indian Constitution and the conflict with intellectual property rights. Freedom of speech and expression is the mother of all liberties. Wherefore, the social purpose of freedom of expression is fourfold; i) it helps an individual to attain self-fulfillment, ii) it assists in the discovery of truth, iii) it strengthens the capacity of individuals participating in decision making and iv) it provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change. All members of the society should be able to form their opinion and beliefs and be able to communicate them freely. 

Article 19 (1) (a) and Article 19 (2) of this constitution deal with the freedom of speech and expression and the restrictions laid on that freedom respectively.It also becomes important to note that in the case of  In Re: Berubari Union, the Court held that Preamble to the Constitution is “a key to open the mind of the framers of the Constitution”. The freedom of thought and expression is given due importance in the Preamble as well, “to secure to all its citizens “liberty” of thought, expression, belief, faith and worship”. 

The Supreme Court of India has attached importance to the freedom of speech and expression. In Ajay Gautam v Union of India , a petition was filed for the prohibition on the film PK. The court held that the right to communicate and receive ideas, facts, knowledge, information, beliefs, theories, creative ad emotive impulses by speech or by written word, drama, theatre, dance, music, film, through a newspaper, magazine or book is an essential component of freedom of speech and expression. And this right cannot be suppressed.