Censorship in the Digital Age: Challenges Under Indian Media Laws


Author: Mrudula Mahesh Kale, University of Mumbai Law Academy


Abstract


In the modern world, media and communication becomes blurred increasing pressure on the legal systems that govern it. Freedom or limitation of information—censorship is one of the keys talking points around the world due to the daily emerging development of social networks or streaming services. The contemporary dynamics of new media and digital content are posing new challenges to the Indian media laws that have presuppositions in Constitution of India and other laws enacted so far. This article analyses the effects of censorship in what concerns the freedom of media under the current Indian laws, through the analysing of legal language, decisions, and understanding of the legal framework.


Introduction


The presence or otherwise of freedom of speech and expression under Article 19(1)(a) Indian constitution and how this can be restricted by reasonable restrictions under Article 19(2) provides the basis of debate relating to censorship in India. This paper will show that emerging digital media platforms have challenged traditional forms of regulation that were previously effective for the centralized media format. Analysing the current legislation, legal precedents and practical concerns related to censorship in digital environment is the focus of this article.


Legal Framework Governing Censorship in India

1. Constitutional Provisions
The Indian Constitution under the Indian Constitution under article 19 (1) (a) give right to freedom of speech and expression. However, this right is not absolute and is subject to reasonable restrictions under Article 19(2) on grounds such as:
Supremacy and wholeness of India
Security of the state
Public order
Decency or morality
Contempt of court
Defamation


Incitement to an offence
These sections were intended to maintain a fair balance of freedom of an individual and social responsibility. However, their use generally triggers controversies for impreciseness and possibility of abuse.

2. The Information Technology Act, IT Act 2000
The primary legislation related to digital content in India is the Information Technology Act, 2000 otherwise known as the IT Act. Section 69A of the IT Act empowers the government to block public access to any information in the interest of:
On this occasion, my focus will be on two key issues, namely sovereignty and integrity of India.


Defence of India
Security of the state
Good neighbourliness with other countries
Public order
This section has been regularly used to block websites, apps, and social media posts. The minor procedural protections Include the setting up of a review committee under Section 69A so as to avoid arbitrarily but have also been deemed to be lacking in transparency.

3. Indian Penal Code, 1860
The laws governing obscene content are Section 292, 293 and 294 of the IPC. IPC section five 0 five is an offense making statements that encourage public mischief a criminal act; this section is commonly used to prosecute hate speech that is post on social media platforms. The above provisions are accompanied by other sections relating to disturbances of communal harmony, section 124-A for seditious tendencies and section 499 for defamation.

4. Cinematograph Act, 1952
Although this Act mainly concerns itself with film censorship, the provisions established under this Act apply to digital streaming content, more evident especially with the promulgation of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code] Rules, 2021. Certification under the Cinematograph Act establishes the idea of liberty of the state to allow this content adding an aspect of controversy with regard to creativity of artists.


5. IT Rules, 2021
The IT Rules, 2021, impose significant obligations on intermediaries, news publishers, and OTT platforms. Key provisions include:
Establishment of a three-tier grievance redressal mechanism
Appointment of compliance officers
Requirement for content takedown within a stipulated timeframe
These rules have sparked debates on whether they impose excessive burdens on platforms, potentially infringing on freedom of expression.


The Challenges of Censorship in the Digital Age


1. Jurisdictional Issues
This social dilemma has the added flexibility of the digital media in that boundaries do not apply and Indian media laws cannot prosecute foreign sites. Geographical rivalry tends to occur when content considered unlawful under Indian law is posted and hosted from servers in other countries. This issue is made worse by current and emerging challenges, coupled with the absence of the clear globally accepted standards on content regulation.

2. Ambiguity in Definitions
It is still unclear what constitutes an “Obscene,” a “Hate speech” or “threats to public order” Since these terms and concepts are barely defined objectively, they remain in effect a tool for censorship. For instance, what may be seen by some people as decent or immoral may not be seen by other people as de Mathematics similarly, due to the huge variance in the demographics of the Indian population.

3. Overreach of Executive Power
As mentioned early the Section 69A of the IT Act has been criticize for arrogating unreasonable powers to the executive with apparently modest checks and balances from the judiciary. In Shreya Singhal v. The Supreme Court of India The constitutional validity of Section 69A was upheld again by the Supreme Court of Union of India (2015) but with insistence on the standard operating procedures. Nevertheless, because the blocking orders are vague, they are usually accompanied by allegations of misuse.

4. Impact on Freedom of Speech
Censorship just works to create a very limiting environment where people and organizations become reluctant to express themselves out for free in the fear of falling foul of the law. People start to censor themselves, most especially the journalists, content creators, and activists of the society. This dampens flow of information and exchange of ideas in the society hence affecting the freelancers.

5. Role of Intermediaries
It is mandatory for social media and other intermediary networks to voluntarily remove unlawful content under the IT Rules, 2021. This has led to discussions on the proper relationship between control and freedom of activity of digital platforms. Some have been focusing on the responsibility of identifying the source of messages as an example causing alarms and/or anxiety about privacy and encryption.

6. Technological Challenges
The use of artificial intelligence algorithms for the purpose of moderating content is not always effective as the filters serve to distinguish between proper content and unsuitable content. This leads to over-censorship or under censorship frustrating the goals of regulation mechanisms.


Case Laws


1. Shreya Singhal v. Union of India (2015)
In a path breaking verdict this provision of law present in the Information Technology Act which provided for prosecution of a person for ‘offensive’ content was declared unconstitutional. Arguing that the provision was void for vagueness and oppressive of the freedom of speech, the Court gave its ruling. This case was instrumental in making freedom of digital speech against unjust restrictions well grounded.

2. Anuradha Bhasin v. Union of India (2020)
It also pointed out that internet connectivity is also an integral to freedom of speech in this modern era and any prohibition of the same ought to be proportional. It also declared that in putting limitations there should be a level of openness.

3. K.A. Abbas v. Union of India (1970)
This case saw the affirmation on the lawful practice of pre-censorship of films under the Cinematograph Act but focused on the constitutional provisions that it cannot be more than a reasonable intrusion under article 19(2). With reference to freedom of artists and the existing issue of societal interests, the judgment pointed out the necessity of addressing the issue with a degree of complexity.

4. Puttaswamy v. Union of India (2017)
Although this judgment is mainly about privacy, it gives insight on how a right and state control conflict with the rise of technology. Another did have an impact on issues of surveillance and content regulation claiming privacy as a human right.

5. Tandav Case (2021)
The intolerance to ‘Tandav’ web series for the so-called repining of religion is one way of illustrating how the digital space is increasingly becoming a theatre for content regulation. The case points many issues related to the Working of IPC provisions for OTT Platforms and Self-Regulation.


Conclusion


What prompted this study is the fact that censorship in the digital age creates many legal, ethical, and technological questions. Though regulations are meant to address the appropriate use of freedom of speech for societal needs the implementation has caused some rampage and legal challenges. Overcoming of these challenges in the evolution of Indian media laws should be anchored on three cardinal virtues namely transparency, accountability and proportionality. Policymakers, judiciary and digital sector must work in synergy to satisfy the fundamental rights of an individual as well as demonstrate some responsibility towards the welfare of the society.


FAQS


Q1: What is the primary legal provision governing digital censorship in India?
A1: Section 69A of the IT Act, 2000, is the primary provision empowering the government to block access to online content in specific circumstances.


Q2: How does the IT Rules, 2021, impact digital platforms?
A2: The IT Rules, 2021, impose obligations on intermediaries to monitor and remove unlawful content, appoint grievance officers, and ensure compliance with government orders.


Q3: What are the safeguards against misuse of censorship powers?
A3: Judicial review, proportionality tests, and procedural requirements under laws like Section 69A of the IT Act provide safeguards against arbitrary censorship.


Q4: Can individuals challenge censorship decisions?
A4: Yes, individuals can challenge censorship decisions through writ petitions in High Courts or the Supreme Court under Article 32 or 226 of the Constitution.


Q5: Are streaming platforms subject to the same censorship rules as traditional media?
A5: With the IT Rules, 2021, streaming platforms are required to adhere to content regulation and grievance redressal mechanisms, bringing them closer to traditional media regulations.


Q6: What is the significance of the Shreya Singhal case in digital censorship?
A6: The Shreya Singhal case is significant as it struck down Section 66A of the IT Act, reinforcing the protection of free speech in the digital space and setting a benchmark for evaluating content regulation laws.

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