The Enduring Struggle: Media And Censorship in India from Colonial Rule to Constitutional Challenges.

Introduction:

In India, media and censorship is not a recent phenomenon. Press freedom has been a problem since British rule. On several subjects, there has always been conflict between those in authority and the media. For several reasons, censorship has proved ineffective, and it also has constitutional restrictions.

Meaning of Censorship:

Censorship is the control and repression of speech and writing that is seen to be harmful to the general welfare. It entails the evaluation of media material that might be seen as sexual, politically insensitive, or posing a security risk. It also encompasses any kind of expression that is officially prohibited or restricted because it is thought to endanger the political, social, or moral order. Government authorities, religious leaders, and occasionally private organizations have the power to enforce it.

Causes of Censorship:

1. Political reasons: – Governments frequently forbid the release of types of information on the grounds that it is critical of them or a dominant political party.
2. Social reasons: – Some types of information are withheld or restricted because their exposure can cause social unrest.
3. Moral Reasons: – Any material that is seen to be against society’s moral standards is censored. Pornographic material, materials that encourage racial or gender prejudice, and others may fall under this category.
4. Religious Reasons: – Any information that would offend a particular social group’s religious sensibilities is frequently withheld. Countries with a specific state religion also frequently impose restrictions on blasphemous speech and expression.
5. Security reasons: – Information that can jeopardize a state’s security is frequently withheld from public consumption. Such information may jeopardize a region’s security against terrorist attacks and foreign invasion.

Effects of Censorship:

1. Pros: – Although censorship is generally regarded negatively, it can also have certain beneficial effects. The dissemination of objectionable material that could cause social unrest is prevented by censorship, which also protects state security, upholds morality in society, forbids the spread of untrue beliefs or rumors, limits access to harmful activities by prohibiting their public display, and serves several other purposes.
2. Cons: – Excessive restrictions on the right to free speech and expression result from censorship as well. It is frequently employed to quiet those who criticize persons in positions of authority. Thus, it might undermine social discourse and constructive critique. It elevates and empowers one group of people in this way. It frequently turns into a tool for harassing those who want to express themselves freely.

Censorship in India:

• The creators of the Constitution understood the importance of freedom of speech and expression, which is why Article 19(1) was added and now guarantees that right. However, there were some logical limitations placed on this right.
• The Cinematograph Act of 1918 was repealed, and the Cinematograph Act of 1952 was subsequently passed in its place. Regional boards were eliminated, and a Central Board of Film Censors (CBFC, later known as the Central Board of Film Certification) was established during the following several years. The Ministry of Information and Broadcasting is responsible for overseeing the Central Board of Film Certification (CBFC). Prior to release, it assigns Indian films different classifications like Universal, Adults, and Parental Guidance.
• In India’s laws restricting freedom of speech and expression, Section 124A of the Indian Penal Code (IPC sedition)’s statute is prominent. The law has been in effect since the British Raj. It stipulates that the maximum punishment is life in prison. Any words, images, or signs that “bring or seek to draw into hatred or contempt or provokes or attempts to incite disaffection towards the Government established by law” are prohibited, whether they are spoken or written.
• A similar regulation governing freedom of expression in India is criminal defamation, which is defined in Section 499 of the Indian Penal Code, 1860. It prohibits anyone from disparaging another person, ensuring that the freedom of expression given by the Indian Constitution is used responsibly.
• The Indian media experienced severe censorship during the emergency period. The Press Council of India Act was established in 1978. Under its remit, the Press Council of India was created. It aimed to maintain and raise the standards of Indian newspapers and news organizations while also protecting the freedom of the press. The PCI has the authority to take allegations of misbehavior by an editor or journalist or violations of journalistic ethics. The PCI’s decisions are binding and cannot be challenged in court.
• While the Cinematograph Act exists to regulate motion pictures, the Cinematograph Rules of 1983 control how movies are shown in public, and the Cable Television Network Rules of 1994 govern how movies are transmitted on television.
• The Cable Television Networks (Regulation) Act, 1995, and the Cable Television Networks Rules, 1994 (together, the “Cable Television Laws”) regulate how television networks and broadcasters operate and other relevant issues. These, among other things, prohibit the transmission of any program or commercial that does not comply with the program code (the “Program Code”) or the advertising code (the “Advertising Code”) set forth in the Cable Television Networks Rules, 1994, through a cable service.
• The Information Technology Act, 2000 (the “IT Act”) addresses internet content filtering. In accordance with Sections 67A, 67B, and 67C of the Act, publishing or transmitting electronically any obscene, sexually explicit, or material depicting children in sexually explicit acts is punishable by fines and/or imprisonment. The Central Government is authorized to give directives to prohibit public access to any information under Section 69A of the IT Act.
• The Department of Electronics and Material Technology has published the Information Technology (Intermediary Guidelines) Rules, 2011 (the “Intermediary Guidelines”), which establish a framework for intermediaries to follow when hosting or publishing information on any of their computer resources.
• The Ministry of Information and Broadcasting (MIB) recently announced the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules 2021 to oversee the material on the OTT (Over the Top) platforms (Rules). The Rules seek to establish standards for material classification based on target audience, topics, substance, tone, and impact. They also mandate that OTT platforms take India’s sovereignty, security, and friendly ties into mind. Additionally, a strong three-tiered grievance redressal procedure must be established.

Important Judgments:

1. In the K.A. Abbas v. Union of India case, the Supreme Court of India upheld limitations on public display under the Cinematograph Act, 1952, and rejected a plea that questioned the Act’s censorship powers. The Act was deemed sufficiently clear to prevent the arbitrary exercise of its powers by the Court, who also determined that past censorship was within the bounds of reasonable restrictions allowed on free expression.
2. In S. Rangarajan v. P. Jagjivan Ram, it was also determined that censorship was constitutional. According to the Court, movies appeal to a broad audience that is typically not picky about what they see. It cannot be permitted to operate in the same manner as newspapers and magazines in a free market. Therefore, prior constraint censorship is both essential and desired.
3. The Supreme Court also defended the dignity of the press and the freedom it enjoys by overturning attempts to restrain it in several decisions. These cases include the Bennett and Coleman case, the Brij Bhusan case, the Sakal Papers case, the Romesh Thapper case, the Indian Express Newspaper case, and others.

Conclusion:

Censorship is like a two-sided coin. It has both advantages and disadvantages. Given the dynamic nature of society, everyone should be accepting enough to accept opposing and various viewpoints. The basic essence of freedom of speech and expression must be preserved while also considering appropriate limitations. The best strategy for striking a balance between the necessity for restraint and the freedom of expression can be achieved through careful debate and persuasion.

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