Compelled Speech:

Compelled Speech: Compelled or forced speech is speech which compels a person to state a thing. It is in the form of a "must carry" 38 provision in a statute. An example of compelled speech is a provision mandating printing of the ingredients, its measure and such other details on a food product or pharmaceutical item. The object is to inform and, in some cases, warn a potential consumer about the nature of the product. Such compelled speech cannot be a violation of the freedom of speech and expression. But if the State compels a citizen to carry out propaganda or a point of view contrary to his wish then it may be a restriction on his freedom of speech and expression, which must be justified as per Article 19(2) of the Constitution. But, if the “must carry” provision furthers informed decision making, which is the essence of free speech and expression, then it will not amount to a violation of Article 19(1)(a). The following judgments could be cited in the aforesaid context: (i) In Union of India vs. Motion Picture Association, A.I.R. 1999 SC 2334 (“Motion Picture Association”), this Court held that whether compelled speech will or will not amount to a violation of the freedom of speech and expression, would depend upon the nature of a "must carry" provision. It observed that, if a "must carry" provision further informed decision-making, which is the essence of the right to free speech and expression, it will not amount to any violation of the fundamental freedom of speech and expression. However, if such a provision compels a person to carry out 39 propaganda or project a partisan or distorted point of view, contrary to his wish, it may amount to a restraint on his freedom of speech and expression. It may also violate other fundamental rights such as Article 19 (1) (g) or right against self-incrimination which is protected under Article 20 (3) of the Constitution. (ii) Therefore, this Court, in the said case, once again laid stress on the ideas and information sought to be communicated, by way of compelling the transmission of such ideas. The content of the information which is compelled to be carried was found to be highly relevant.