Author: Vivek V. Yadav, DR. D. Y. Patil College of Law
Introduction
The history of censorship in India is complex and detailed because of its multifaceted legal system. The Indian Constitution’s Article 19(1)(a) ensures freedom of speech and expression, however, Article 19(2) permits limitations for maintaining a crucial equilibrium. These restrictions are meant to maintain public order, decency, morality, and national security.
Historical Context
Censorship in India has its origins in the colonial era. The British colonial officials implemented various methods of censorship to suppress resistance and control narratives. Two significant examples are the Press Act of 1910 and the Official Secrets Act of 1923. After gaining independence, India received these laws which have been updated to better suit modern challenges.
Legal Framework
Constitutional Provisions
Article 19(1)(a) ensures the entitlement to freedom of speech and expression. Nevertheless, this privilege is not without limitations. Article 19(2) allows the government to place sensible limitations for certain reasons:
The autonomy and unity of India
State security
Good relationships with other countries
Maintaining social order
Decency and ethics
Disrespect for the legal system
Character assassination
Encouraging someone to commit a crime.
Statutory Laws:
Indian Penal Code (IPC), 1860: The use of Sections 124A, 153A, and 295A of the Indian Penal Code (IPC) of 1860 is common in cases involving censorship.
Information Technology Act, 2000: The Information Technology Act of 2000, which included Section 66A (later invalidated) and Section 69A, gives the government authority to censor online material to protect national security and public order.
Cinematograph Act, 1952: The Cinematograph Act of 1952 regulates the approval of movies for public showing. The CBFC categorizes films based on their content.
Cable Television Networks (Regulation) Act, 1995: The Cable Television Networks (Regulation) Act of 1995 governs the content shown on cable TV to guarantee compliance with the Programme Code and Advertisement Code.
Press Council Act, 1978: The Press Council Act of 1978 sets up the Press Council of India to oversee the standards of newspapers and news agencies in the country.
Protection of Children from Sexual Offences (POCSO) Act, 2012: Penalizing the utilization of children for pornographic purposes and the possession of child pornography is covered under Section 14 and Section 15 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Mechanisms of Censorship
Censorship in India is practiced using different methods, such as pre-censorship, post-censorship, and self-regulation.
Pre-Censorship
Pre-censorship refers to a situation where content is checked before being released, resulting in prior restraint. The CBFC’s certification of films is a clear illustration. Movies are scrutinized for sequences or conversations that could potentially breach regulations regarding decency, ethics, or security at the national level.
Post-Censorship
Post-censorship takes place following the publication or airing of the content. This pertains to the legal and regulatory measures implemented towards content considered inappropriate. For example, under the IT Act, the government has the authority to block or take down websites with harmful content.
Self-Regulation
Media organizations and industry bodies practice self-regulation to uphold ethical standards and prevent facing penalties. The NBSA and BCCC are instances of self-regulatory bodies in the broadcasting industry.
Controversial Cases and Issues
Sedition Laws
Debates on the sedition law in Section 124A of the IPC have been intense. Critics claim that it is frequently abused to suppress disagreement and limit freedom of expression. The arrest of prominent student leaders and activists has ignited widespread protests and demands for the sedition law to be abolished.
Internet Censorship
The lack of transparency and accountability is a cause for concern with the blocking of websites and social media content under Section 69A of the IT Act. The landmark judgment in the Shreya Singhal case by the Supreme Court invalidated Section 66A of the IT Act due to its ambiguity and broad scope, highlighting the importance of online free speech.
Film Censorship
The rulings made by the CBFC have frequently sparked debate. Movies such as “Udta Punjab,” “Padmaavat,” and “Lipstick Under My Burkha” were subjected to extensive editing or postponed releases because of opposition from different organizations or governmental bodies. These events emphasize the conflict between creative expression and societal expectations.
Hate Speech and Fake News
The emergence of hate speech and fake news on online platforms has introduced fresh obstacles for censorship. The government has implemented rules for social media intermediaries in order to reduce the dissemination of harmful content. However, these activities have sparked debates regarding their impact on both freedom of speech and privacy.
Legal Interferences
The development of censorship regulations has been greatly influenced by the Indian legal system. Important choices have focused on balancing the freedom of expression with public worries. The Supreme Court emphasized the significance of artistic freedom in the case of Raj Kapoor vs State. The court’s interpretation of Article 19(2) has influenced the boundaries of permissible restrictions in various cases.
Global Points of View
When comparing India’s censorship laws to international standards, we observe similaritiesThe significance of freedom of expression and the limited opportunities for restrictions are highlighted by the United Nations’ Human Rights Committee in General Comment No. 34. India must adhere to global human rights standards when it comes to censorship practices as mandated by international treaties like the International Covenant on Civil and Political Rights (ICCPR).
Advancing ahead
In India, it is crucial to find a middle ground when changing censorship laws to protect freedom of speech and address valid issues. Some important suggestions are:
Revise outdated laws: Laws such as Section 124A of the IPC should be reassessed to avoid misuse.
Clear and transparent procedures are necessary for blocking content or certifying films, including defined guidelines and appeal avenues for accountability.
Enhancing Self-Regulation: Encouraging robust self-regulatory practices within media companies can decrease the need for state intervention.
Raising public awareness: teaching citizens about their rights and the significance of careful speech can lead to a better informed and more accepting society.
Conclusion
Censorship in India is a complex issue that continues to change, influenced by historical, legal, and societal aspects. Although it is important for the state to regulate content in order to preserve public order and morality, it is essential that these regulations do not inhibit freedom of expression. Ensuring that India’s democratic values and pluralistic ethos are maintained requires striking the right balance.
FAQs
1. What is the constitutional basis for freedom of speech and censorship in India?
Answer: Article 19(1)(a) of the Indian Constitution ensures the right to freedom of speech and expression. Article 19(2) permits limitations on freedom of expression for reasons such as national security, public order, decency, and morality.
2. How did censorship laws in India originate?
Answer: The origins of censorship laws in India can be traced back to the colonial period. The British colonial government enforced different forms of censorship, such as the Press Act of 1910 and the Official Secrets Act of 1923, in order to quash rebellion and manage storytelling. Following independence, India received these laws and has subsequently adapted them to tackle contemporary issues.
3. What are the main statutory laws governing censorship in India?
Answer: The main statutory laws include:
– Indian Penal Code (IPC), 1860
– Information Technology Act, 2000
– Cinematograph Act, 1952
– Cable Television Networks (Regulation) Act, 1995
– Press Council Act, 1978
– Protection of Children from Sexual Offences (POCSO) Act, 2012
4. What are the different mechanisms of censorship used in India?
Answer: India employs three main mechanisms of censorship:
– Pre-censorship: Content is reviewed before release (e.g., film certification by CBFC)
– Post-censorship: Legal and regulatory actions taken after content is published or broadcast
– Self-regulation: Media organizations and industry bodies maintaining ethical standards to avoid penalties
5. What is the role of the Central Board of Film Certification (CBFC) in India?
Answer: The CBFC, founded in accordance with the Cinematograph Act of 1952, is in charge of rating movies for public viewing. It evaluates movies for potentially breaching rules on decency, morality, or national security, and assigns ratings based on their content.
6. How does internet censorship work in India?
Answer: The main regulation of internet censorship in India is carried out by the Information Technology Act, 2000. The government has the power to block websites or remove content that is considered dangerous to national security or public order under Section 69A of this legislation. Nonetheless, there are worries regarding the absence of transparency and accountability during this procedure.
7. What was the significance of the Shreya Singhal case?
Answer: The Supreme Court of India deemed Section 66A of the IT Act unconstitutional in the Shreya Singhal case, citing its vagueness and broad reach. This ruling stressed the significance of safeguarding Internet freedom of speech.
8. What are some controversial issues related to censorship in India?
Answer: Controversial issues include:
– Sedition laws and their potential misuse to suppress dissent
– Internet censorship and lack of transparency in website blocking
– Film censorship and conflicts between creative expression and societal expectations
– Hate speech and fake news on social media platforms
9. How does India’s censorship law compare to international standards?
Answer: India’s censorship regulations align with global norms that prioritize freedom of speech while imposing some limitations. India, as a party to the ICCPR, is required to follow international human rights norms in its censorship policies.
10. What are some suggestions for improving censorship laws in India?
Answer: Suggestions include:
– Revising outdated laws, such as the sedition law (Section 124A of IPC)
– Implementing clear and transparent procedures for content blocking and film certification
– Enhancing self-regulation within media companies
– Raising public awareness about rights and responsible speech
– Striking a balance between regulating content and preserving freedom of expression
