Censorship in India: A Complex Tapestry of Regulation

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In India, censorship has frequently been a source of discussion and disagreement. India, the largest democracy in the world, is frequently commended for having a dynamic and diverse media landscape, but it also has problems with information and speech freedom. We shall examine the legislative frameworks, historical background, and current concerns about censorship in India in this post.

Historical Context

In India, censorship has a long history that dates back to the colonial era. Censorship was a tactic employed by the British colonial authorities to stifle and limit dissent. It persisted as a strategy to maintain social harmony throughout the post-independence period. The freedom of speech and expression was guaranteed by the Indian Constitution, which went into force in 1950. However, reasonable limitations on this right were permitted for reasons of public order, security, and sovereignty.

Legal Framework

The main piece of legislation controlling censorship in India is the Cinematograph Act, 1952, which governs movie theatres. The Central Board of Film Certification (CBFC), popularly referred to as the censor board, is given the authority to certify films for release in theatres by this act. Although the CBFC is responsible for making sure that movies are appropriate for all age groups and don’t hurt people’s feelings, it has frequently been criticised for going too far and restricting artistic freedom.

In addition to the Cinematograph Act, a number of other laws and rules may be construed as permitting censorship. For example, journalists and other dissident voices have been silenced under Section 124A of the Indian Penal Code, which addresses sedition. Similar worries about possible online content censorship have been expressed in relation to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Contemporary Issues

  1. Film Certification: The CBFC has faced criticism for arbitrary decisions that restrict artistic expression. Films dealing with sensitive topics, historical events, or political issues often face rigorous scrutiny.
  2. Online Censorship: With the proliferation of digital platforms and social media, there has been a growing concern over the censorship of online content. The new IT Rules, introduced in 2021, have placed additional responsibilities on intermediaries to monitor and take down content, raising concerns about potential overreach and suppression of free speech.
  3. Media Ownership: The concentration of media ownership in the hands of a few influential individuals or corporations has raised concerns about editorial independence and the potential for self-censorship.
  4. Journalistic Freedom: Journalists and media organizations have faced threats, harassment, and even violence for reporting on sensitive issues or criticizing the government.
  5. Academic Freedom: Academic institutions and scholars have faced pressure to conform to specific ideologies, which has led to self-censorship within the academic community.
  6. Book Bans: Books that explore themes of religion, politics, or history have been banned or censored, sometimes due to pressure from interest groups.
  7. Artistic Expression: Artists, writers, and playwrights have faced backlash and legal action for their work, particularly when it challenges societal norms or political narratives.

Challenges and Critiques

There are differing views on the complex problem of censorship in India. Those who support censorship contend that it is necessary to uphold public morality and preserve social harmony. They think that in order to stop hate speech, disinformation, and content that could incite violence, there should be some restrictions.

Critics counter that political goals are frequently served by censorship, which stifles dissent and artistic freedom. They argue that laws with ambiguous or expansive language give authorities excessive discretion, which can result in overreach and arbitrary enforcement. Furthermore, the system is open to misuse due to the opaqueness of censorship decisions and the lack of explicit guidelines.

The Way Forward

Finding a balance between safeguarding freedom of expression and addressing legitimate concerns related to national security and public order is a complex task. To navigate this, there are several steps that can be taken:

  1. Transparency: Government agencies responsible for censorship should provide clear and transparent guidelines for decision-making. Decisions should be based on well-defined criteria rather than arbitrary judgments.
  2. Reform: The legal framework, including the Cinematograph Act, needs to be reformed to reflect contemporary realities while upholding the principles of free speech.
  3. Public Discourse: Encouraging open debates and discussions on censorship issues is crucial for democratic societies. Civil society, media organizations, and citizens should actively engage in these discussions.
  4. Judicial Scrutiny: The judiciary plays a critical role in upholding constitutional rights. Courts should actively review cases of censorship and strike a balance between freedom of expression and legitimate state interests.

In summary, censorship in India is a complex problem that keeps changing as society and the media landscape do. The delicate task of striking a balance between concerns for public order and security and freedom of expression calls for constant discussion and examination. India must make sure that, in addressing justifiable concerns, its censorship policy upholds the values of democracy and human rights.

By Ark Singh

INBA Student Section