Law: Constitution of Pakistan, 1973

Section: 19

(a) Constitution of Pakistan-- ---.--- -Art. 19 ---.--- Fundamental right of freedom of speech ---.--- Freedom of speech in the context of broadcast of content through electronic media and wider Constitutional and democratic values ---.--- Nature, object, scope and contours of fundamental right to freedom of speech, explained. Article 19 of the Constitution provides right to freedom of speech and expression. "Speech" means the expression or communication of thoughts or opinions in spoken words. An expression of or the ability to express thoughts and feelings by articulate sounds or a sequence of lines written for one character in a play. "Expression" means the action of making known one's thoughts or feelings; the conveying of feeling in a work of art or in the performance of a piece of music; writings, speech, or actions that show a person's ideas, thoughts, emotions or opinions. Any dramatic work is, therefore, a symbol of speech and expression. The right to communicate and receive ideas, knowledge, information, beliefs, theories, creative and emotive impulses by speech or by written word, theatre, dance, music film, through a newspaper, magazine drama or book is an essential component of the protected right of freedom of speech and expression. The broadcast of ideas, culture, history, literature, opinions, thoughts, emotions and art through the medium of plays and dramas signifies freedom of speech and expression in a country. The concept of freedom of media is based on the premise that the widest possible dissemination of information from diverse and antagonistic sources is sine qua non to the welfare of the people. Such freedom is the foundation of a free government of a free people. Any attempt to impede, stifle or contravene such right would certainly fall foul of the freedom guaranteed under Article 19 of the Constitution of Pakistan. The nature and extent of this freedom and fundamental right determines the quality and maturity of democracy in a country. Any unwarranted or arbitrary change in the content of the broadcast abridges the fundamental right of the petitioner company under Article 19 of the Constitution. The balance between the fundamental…