Censorship in India: Laws, Misuse & Freedom of Speech
The term Censor stems from the Latin word cēnsere, meaning to assess, judge, or appraise. This reflects how Censorship has gained prominence in recent years as media and broadcasting have become integral parts of everyday life.
Censorship can be defined as the suppression, alteration, or prohibition of speech, media, or other expression by an authoritative body—usually the government—as a means to regulate what information is released to the public if deemed harmful, instigating, offensive, publicly unacceptable, or disorderly to public morality.
Historical Purpose of Censorship
Historically, the purpose of Censorship was to maintain public order and harmony, prevent disruption, or stop the spread of false information. In India, censorship is practiced through various acts and legislation, including:
Indian Penal Code, 1860 (Currently Bharatiya Nyaya Sanhita, 2023)
Code of Criminal Procedure, 1973 (Bharatiya Nagarik Suraksha Sanhita, 2023)
However, today censorship authority is often abused or misused, silencing genuine people and information that highlight public issues.
Freedom of Speech and Constitutional Provisions
Article 19(1)(a) of the Indian Constitution grants the Right to Freedom of Speech and Expression, but this right is not absolute. Article 19(2) allows the State to impose “reasonable restrictions” in the interests of:
Sovereignty and integrity of India
Public order
Morality and decency
National security
Misuse of Censorship
Despite its intent, censorship is often misused. The case of ANI, reported by YouTubers and media creators, highlights how content creators were allegedly exploited for using small portions of clips under fair use. This represents unethical control and exploitation of reliable sources.
Censorship also extends to movies and media, where films on sensitive issues or based on foreign themes often face unnecessary cuts. Such practices create misinformation, diminish accountability, and erode trust in media.
Impact on Media and Publishing
These restrictions are disheartening for media houses and publishers, leading to hopelessness, reputational damage, and even exits from the profession. While judiciary and watchdogs attempt to preserve “freedom” and “fair censorship,” loopholes persist that weaken these rights.
Proposed Reforms for Fair Censorship
Some reforms to address unfair censorship include:
Strengthening Judicial Review of censorship orders to check misuse.
Amending IT Rules & Cinematograph Act to narrow vague definitions.
Establishing Independent Regulatory Bodies to ensure unbiased decisions.
Mandating Transparency in censorship decisions with right to appeal.
Public Consultation before major censorship laws for democratic participation.
Fast-track Digital Tribunals for censorship and takedown issues.
These measures can strengthen freedom of speech and protect fair censorship in India.
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