Censorship in India

Censorship in India refers to the regulation, restriction, or suppression of information, speech, or expression deemed inappropriate, offensive, or threatening to public order, morality, or national security. It encompasses the control of content across multiple media platforms, including print, broadcast, film, theatre, and the internet. The Indian system of censorship operates within a complex framework of constitutional guarantees of free speech and various legal provisions that empower the State to impose reasonable restrictions on that freedom.
Censorship in India reflects an ongoing tension between freedom of expression as enshrined in the Constitution and the need to protect social harmony, cultural values, and national integrity.

Constitutional Basis

The right to freedom of speech and expression is guaranteed under Article 19(1)(a) of the Constitution of India. However, this right is not absolute and is subject to reasonable restrictions laid down under Article 19(2).
According to Article 19(2), the State may impose restrictions in the interests of:

• Sovereignty and integrity of India
• Security of the State
• Friendly relations with foreign States
• Public order
• Decency or morality
• Contempt of court
• Defamation
• Incitement to an offence

This constitutional framework provides the legal foundation for various censorship laws in India.

Historical Background

Censorship in India has its roots in the colonial period. The British Government imposed strict control over the press to suppress nationalist sentiments and dissent:

• Press Regulation Act (1799): Introduced by Lord Wellesley to curb the publication of anti-government content.
• Vernacular Press Act (1878): Restricted Indian-language publications critical of British rule.
• Indian Press Act (1910): Empowered authorities to confiscate publications inciting violence or hatred against the government.

After independence, India retained the commitment to free expression but continued to regulate media in the interest of national unity and public morality.

Forms of Censorship

Censorship in India operates through several media-specific frameworks, each regulated by distinct laws and authorities.

1. Press and Print Media

Legal Framework:

• Press and Registration of Books Act, 1867: Regulates printing presses and newspapers.
• Press Council of India Act, 1978: Established the Press Council of India (PCI) to maintain journalistic ethics and freedom of the press.

Role of the Press Council of India:

• Functions as a quasi-judicial body to examine complaints against the press or by the press.
• Does not have punitive powers but can issue admonitions or recommendations.

While the Indian press enjoys relative freedom, censorship may occur indirectly through defamation suits, government advertising control, or national security laws.

2. Films and Cinema

The film industry in India is the most heavily censored medium.
Regulatory Authority:

• Central Board of Film Certification (CBFC), constituted under the Cinematograph Act, 1952, certifies films for public exhibition.

Categories of Certification:

• U (Universal): Suitable for all audiences.
• UA (Parental Guidance): Suitable for children above 12 years with parental discretion.
• A (Adults only): Restricted to adults (18+).
• S (Special Audience): Restricted to specific professional groups.

The CBFC has the power to demand cuts or modifications before certifying films. It can also refuse certification if content is deemed obscene, offensive, or harmful to national interests.
Grounds for Censorship:

• Endangerment to public order or morality.
• Defamation of religious or community sentiments.
• Obscenity, vulgarity, or depiction of excessive violence.
• Threat to the sovereignty and integrity of India.

Recent Developments:

• The Cinematograph (Amendment) Bill, 2023 introduced stricter provisions against piracy and empowered the government to re-examine film certification.
• OTT (Over-The-Top) streaming platforms, which were initially unregulated, are now governed by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

3. Television and Broadcasting

Regulation:

• Governed by the Cable Television Networks (Regulation) Act, 1995 and related Rules.
• The Ministry of Information and Broadcasting (I&B) monitors television content.
• Self-regulatory bodies such as the News Broadcasters and Digital Association (NBDA) and the Broadcast Content Complaints Council (BCCC) oversee content standards.

Prohibitions: Television content must not:

• Offend good taste or decency.
• Attack religions or communities.
• Promote violence or obscenity.
• Criticise the judiciary or friendly nations.

Violations can lead to warnings, suspension of channels, or licence cancellation.

4. Internet and Digital Media

The internet has introduced new dimensions to censorship in India due to its decentralised and fast-paced nature.
Regulation:

• Governed by the Information Technology Act, 2000 and its amendments.
• The IT Rules, 2021 require social media platforms, digital news portals, and OTT services to comply with government guidelines on content moderation and grievance redressal.

Forms of Online Censorship:

• Content Takedowns: Social media companies are required to remove objectionable or unlawful content when directed by authorities.
• Website Blocking: The government can block websites under Section 69A of the IT Act for reasons related to national security or public order.
• Internet Shutdowns: India has witnessed multiple instances of regional internet suspensions, often justified on grounds of preventing unrest.

Concerns: These measures, while intended to maintain order, have raised debates on overreach, freedom of expression, and privacy.

5. Literature, Theatre, and Art

Books and artistic works are subject to censorship under various laws such as:

• Indian Penal Code (Sections 153A, 295A, and 292): Prohibits hate speech, blasphemy, and obscenity.
• Dramatic Performances Act, 1876: Allows state governments to ban plays considered seditious or offensive.

Notable cases include the banning of Salman Rushdie’s “The Satanic Verses” (1988) and controversies surrounding works by M.F. Husain for allegedly offending religious sentiments.

Legal Provisions Influencing Censorship

Several laws indirectly empower the government to restrict expression:

• Official Secrets Act, 1923 – Protects state secrets from disclosure.
• Prevention of Insults to National Honour Act, 1971 – Prohibits disrespect to the national flag or symbols.
• Unlawful Activities (Prevention) Act, 1967 – Used to curb content supporting terrorism or secessionism.
• Indecent Representation of Women (Prohibition) Act, 1986 – Prevents derogatory portrayal of women in media.

Judicial Interpretation

The Supreme Court of India has played a vital role in defining the limits of censorship and free expression.
Landmark Judgements:

• Romesh Thappar vs. State of Madras (1950): Reinforced that freedom of expression is essential for democracy.
• K.A. Abbas vs. Union of India (1970): Upheld film censorship but stressed that it must be reasonable and within constitutional bounds.
• S. Rangarajan vs. P. Jagjivan Ram (1989): Asserted that intolerance of diverse opinions cannot justify censorship.
• Shreya Singhal vs. Union of India (2015): Struck down Section 66A of the IT Act as unconstitutional for curbing online free speech.

The judiciary continues to serve as a check on arbitrary or excessive censorship.

Contemporary Challenges

1. Balancing Freedom and Regulation: Excessive control can stifle creativity and democratic discourse, while complete freedom can lead to misuse and misinformation.
2. Cultural Sensitivity: India’s diversity often leads to clashes between artistic freedom and community sentiments.
3. Political Influence: Governments and pressure groups sometimes use censorship to suppress dissent or criticism.
4. Digital Era Dilemmas: Social media platforms face challenges in moderating user-generated content without infringing on free expression.
5. Self-Censorship: Writers, filmmakers, and journalists often practice self-censorship to avoid backlash or legal trouble.

Significance and Criticism

Significance:

• Maintains public order and moral standards.
• Prevents the spread of hate speech, violence, and misinformation.
• Protects national security and communal harmony.

Criticism:

• Can be misused to curb dissent and artistic freedom.
• Vague laws often lead to subjective interpretation.
• Frequent internet shutdowns and content removals have drawn criticism from global rights organisations.