CHANAKYA NATIONAL LAW UNIVERSITY,

PATNA

FREEDOM OF PRESS AND PRE

CENSORSHIP

SUBJECT- PRESS,MEDIA AND

TELECOMMUNICATION LAW

Faculty - Submitted by:

Mr. G.P.Pandey Name - Shweta

Semester -9th

1
 Roll No 813

ACKNOWLEDGEMENT

It is my greatest pleasure to be able to present the project topic FREEDOM OF PRESS AND
PRE CENSORSHIP of Mdia Law. I found it very interesting to work on this project. I would
like to thank my teacher, Mr. G.P.Pandey, for providing me with such an interesting project
topic and for his constant support and guidance.

I would also like to thank my librarian for helping me in gathering data for the project. Last, but
not the least, I would heartily thank my family and friends for their unwavering support without
which this work would not have been possible.

I hope that the readers will appreciate this project work.

Shweta.....

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 PLAN OF STUDY

1. INTRODUCTION

2. RESEARCH METHODOLOGY

3. ROLE OF PRESS

4. PRE CENSORSHIP IN INDIA

5. IMPACT IN CONTEMPORARY WORLD

6. LEGAL PROVISIONS

7. CRITICAL ANALYSIS

8. CONCLUSION

3
 BIBLIOGRAPHY

INTRODUCTION

There existed the system of prior licensing with respect to print media in Britain during the reign
of the Henry VIII. The Concept of freedom of press emerged as an opposition to prior licensing.
John Milton was against the concept of prior licensing. His important work Aeropagitica in
which he criticized the concept of prior licensing. He held that, Free men must have liberty to
know, to utter and to argue freely according to conscience above all liberties.

Later there was strong opposition against prior licensing and finally it was expired in the year of
1695. But there was no judicial contribution to the freedom of press. Court made first
contribution towards the freedom of press in the case of R.v. Dean of Asath (1784). The court
held that liberty of press consists in printing without any previous license subject to any
consequences of law.

The first constitutional recognition of the freedom of press was in Virginia Bill of Rights in
1776. The freedom of press was incorporated in the American Constitution by the First
Amendment in 1791, which provided that congress shall make no law abridging freedom of
speech or press. During that time many scholars were of the opinion that opined freedom of press
meant absence of prior restraints and nothing more than that.

4
 RESEARCH METHODOLOGY

The researcher has used Doctrinal method of research throughout the preparation of the project.
The researcher has used this method in the form of-

1. BOOKS.

2. JOURNALS.

3. CASE LAWS.

4. WEBSITES.

OBJECTIVES AND IMPORTANCE

The objective of doing this research was to know and understand the role of press and
censorship in todays scenario.

HYPOTHESIS

In the initial stage of pilot study, the researcher was of the view that the press has a vital role
to play in media and has got extensive powers related to the same.

But at the later stage of research work, researcher got to know that sometimes the press abuses
its powers and the role of censorship here, comes to play. However the censorship has also tried
to abuse its powers by putting a lot of limitations on press.

5
 ROLE OF PRESS

The introduction of printing press in India was an event of revolutionary significance in the life
of Indian people. The awakening and growth of national consciousness among them gave rise to
the nationalist press.

In 1822, Fardaonji Murzban, the pioneer of the Vernacular Press in Bombay, started Bombay
Samachar (still in existence).1

The progressive administrative measures of Lord Bentinck gave a fillip to the growth of Indian
journalism. Bang Dutt (in Bengali), with the effort of Dwarkanath Tagore, Prasanna Kumar
Tagore and Raja Ram Mohan Roy, was founded in 1830.

In Bombay, the Jam-e-Jamshed (in Gujarati) was started in 1831 by P.M.Motiwala. Rast
Goftar and Akhbar-e-Saudagar was founded.

With the enactment of the Indian Council Act of 1861, both Indian and non-Indian Press
expanded. The Times of India which supported the policy of the British Government in India was
founded in Bombay in 1861. The Pioneer which supported the landowning and mercantile
interests was in Allahabadin 1865. The Madras Mail which represented the interests of the
European commercial community was founded in 1868. The Statesman which criticized the
government as well as the Indian nationalist groups was founded in Calcutta in 1875. The Civil
and Military Gazette which was distinctly an organ of British conservative opinion was founded
in Lahore in 1878.2

The nationalist press such as The Amrit Bazar Patrika, The Bengali, The Tribune of Lahore, The
Hindu, Bangbasi, Basumati, The Kesari, Young Indiaand many others were started during this

1 https://en.wikipedia.org/wiki/Censorship

2 ibid

6
period. Though the newspaper press was steadily expanding in India, the rate of its growth was
slow. The primary reasons were mass illiteracy, great poverty, and repressive Press laws.

Since the Press was a powerful weapon in the development of Indian nationalism and the
nationalist movements, it was subjected to restrictions by the British Government which was
reluctant to satisfy the aspirations and grant of the demands of Indian nationalism. The very fact
that the British government had to enact a series of Press Acts proved the decisive role played by
the Press in the development of the nationalist movement.

The history of the Indian Press was the history of the increasing diminution of its liberty, in spite
of minor vicissitudes. The history of Indian nationalism proves that the freedom of the Press
in India suffered a proportional curtailment.

Role of the Press in the national movement: The Press was a powerful factor in building and
developing Indian nationalism and nationalist movement, social, cultural, political and economic.

The national movement, on its political side, was possible because of the facility of political
education and propaganda provided by the Press. It was a weapon, in the hands of the nationalist
groups, to popularize among the people their respective political programmes, policies, and
methods of struggle, and to form organizations with a broad popular basis.3

With the Press, all India conferences of nationalist organizations could not have been prepared
and held and big political movements organized and directed.

Since the Press was a powerful weapon of the nationalist struggles, the Indian nationalists
staunchly fought for its freedom throughout the Indian nationalist movement.

The Press was an effective weapons in the hands of social reform groups to expose social evils
such as caste fetters, child marriage, ban on remarriage of widows, social, legal and other
inequalities from which women suffered and others. It also helped them to organize propaganda
against such inhuman institutions as untouchability. It became a weapon in their hands to

3 https://www.article19.org/pages/en/censorship-violence-press-freedom-more.html

7
proclaim to the masses, principles, programmes, and methods of democratic reconstruction of the
Indian society.4

Further, the Press also brought to the Indian people, knowledge of the happenings in the
international world. It became a weapon to constrict solidarity ties between the progressive
forces of different countries.

Such was the role of the Press in the building up of an increasingly strong national sentiment and
consciousness among the Indian people, in the development and consolidation of their growing
nationalist movement, in the creation of national and provincial literatures and cultures, and in
the forging of bonds of fraternity with other progressive peoples and classes in the outer worlds.

4 ieg-ego.eu/en/threads/european-media/censorship-and-freedom-of-the-press

8
 PRE CENSORSHIP IN INDIA

In India, the concept of the pre censorship existed from early British era. The first regulation
relating the censorship was brought into force in May 1779 by Lord Wellesley. Regulation
required every newspaper to carry the name of its printer, editor and the proprietor who were to
declare themselves to the Secretary to the government and submit all materials published in the
newspaper to his prior scrutiny. Breach of these rules was liable to be punished with immediate
deportation. The Secretary thus became the censor.5

Guidelines were prescribed for the censor which included a ban on any news or comment on the
finances of the East India Company, troop movements, shipping news, naval or military
preparations, movement of supplies, extracts from European newspapers which were likely to
affect the image of the British rulers in India, any material that could convey information to the
enemy or statements with regard to the probability of war or peace with an Indian power. But the
editors were not always prompt in submitting their proofs for pre-censorship.

The regulations were flouted and military information was widely published. In 1807, the
government issued fresh instructions upbraiding the editors for neglecting the regulating. In
1813, the new Governor General Hastings issued instructions requiring all printing presses to
submit proofs of newspaper supplements, extra publications and notices to the Chief Secretary
for scrutiny. Hastings had abolished press censorship but had thrown the responsibility of
excluding material likely to injure the public interests or affect the authority upon the shoulders

5 legal-dictionary.thefreedictionary.com/Press+censorship

9
of the editors. Adams Regulation, 1823 or the first press ordinance required that every
newspaper, journal, pamphlet or printed matter in any language obtain a license authorizing
publication from the Governor- General in Council.6

This license was liable to be cancelled after the notice by the authorities. Magistrates were given
the power to attach and dispose of an unlicensed press as well as a press which continued to
function after notice of recall. So this regulation also contributed to the concept of pre-
censorship. Lord Canning reintroduced the licensing under the Act of 1857. It prohibited the
newspapers both European and Indian from publishing observation and statements impugning
the motives or designs of the British Government either in England or in India or in any way
tending to bring hatred or contempt, excite disaffection or act unlawful to its orders or to weaken
the lawful authority or the authority of its civil and military servants. Various other legislations
like Indian Penal Code, Vernacular Press Act, Criminal Procedure Code, Official Secrets Act,
Newspapers (Incitement of Offences) Act, Indian Press Act etc. tried to regulate the law relating
to freedom of press and reasonable restrictions on the freedom. Special protection is enjoyed by
the press after the commencement of the Indian Constitution. Fundamental right of the freedom
of speech and expression embodied in the Article 19 (1) (a) also includes the freedom of press
due to various judicial interpretations.7

After the independence and coming into force of the Indian Constitution, the pre-censorship
which was imposed during the British era on the press is now regulated according to the
constitutionally provided reasonable restrictions provided under Article 19 (2). Now pre-
censorship exists in its full swing in the field of films where Central Board of Film Certification
has to provide certificate to the films for their public exhibition. The law governing this is the
Cinematograph Act. Pre-censorship was again imposed by the government during the period of
emergency in the year of 1975.

The Indian Press currently enjoys extensive freedom. The Freedom Of Speech, mandated by the
constitution guarantees and safeguards the freedom of press. However, the freedom of press was

6 ibid

7 www.newyorker.com/news/daily-comment/press-freedom-new-censorship

10
not always as robust as today. In 1975, the Indira Gandhi government imposed censorship of
press during The Emergency. It was removed at the end of emergency rule in March 1977. On 26
June 1975, the day after the emergency was imposed, the Bombay edition of The Times of
India in its obituary column carried an entry that read, "D.E.M O'Cracy beloved husband of
T.Ruth, father of L.I.Bertie, brother of Faith, Hope and Justica expired on 26 June". In 1988
defamation bill introduced by Rajiv Gandhi but it was later withdrawn due to strong opposition
to it.8

On 2 October 2016 the Srinagar-based Kashmiri newspaper, Kashmir Reader was asked to stop
production by the Jammu and Kashmir government. The ban order, issued by the Deputy
Commissioner of Srinagar Farooq Ahmad Lone cited that the reason for this was that the
newspaper contains material and content which tends to incite acts of violence and disturb
public peace and tranquility[13] The ban came after weeks of unrest in the Kashmir valley,
following the killing of the militant Burhan Wani. Journalists have decried this as a clampdown
on freedom of expression and democracy in Kashmir, as a part of the massive media censorship
of the unrest undertaken by the central government. Working journalists protested the ban by
marching to the Directorate of Information and Public Relations while the Kashmir Editors
Guild(KEG) held an emergency meeting in Srinagar, thereafter asking the government to revoke
the ban immediately, and asking for the intervention of the Press Council of India. The move has
been criticised by a variety of individuals, academic and civil groups in Kashmir and
international rights groups, such as Jammu and Kashmir Coalition of Civil Society(JKCCS),
Kashmir Economic Alliance(KEA), the Kashmir Center for Social and Developmental
Studies(KCSDS) and Amnesty International, among others.9

Most of the major Kashmiri dailies have also rallied behind the KR, while claiming that the
move represented a political vendetta against the newspaper for reporting events in the unrest as
they happened on the ground. Hurriyat leaders, known to champion the cause of Kashmiri
independence, also recorded their protests against the banning of the newspaper. Amnesty
International released a statement saying that "the government has a duty to respect the freedom
8 ibid

9 supra

11
of the press, and the right of people to receive information," while criticizing the government for
shutting down a newspaper for opposing it.

Previously, the state government had banned newspapers for a few days in July, calling the move
a temporary measure to address an extra-ordinary situation, only to deflect the blame onto the
police upon facing tremendous backlash, and thereafter asking the presses to resume publication.
As of October 5, 2016, the ban has not been revoked and local journalists continue to protest
against what they see as a breach of the freedom of the press and freedom of speech in Kashmir,
with no official meeting forthcoming with government functionaries.

The Central Board of Film Certification, the regulatory film body of India, regularly orders
directors to remove anything it deems offensive, including sex, nudity, violence or subjects
considered politically subversive.

IMPACT IN CONTEMPORARY WORLD

Censorship is the practice of either banning or severely truncating a literary work, usually on
political or moral grounds. A work can be pre-censored when submitted to an approval process
before publication, or it can be withdrawn as a result of censorship after it is published. Some
authors have commented that in chronically repressive societies such as the Soviet Union, China,
or South Africa, the writer often internalizes the censorship mechanism, practicing a kind of self-
censorship subconsciously during the writing process.10

The relationship between censorship and contemporary world literature has developed across
various historical contexts and geographical locations in the twentieth century. In some cases, the
censoring of modern literature has been the result of collective opinion that a work presents a
moral danger on the grounds that it is pornographic, that it treats a dangerous theme such as
pedophilia or political rebellion, or that it presents an affront to the sociopolitical status quo. For
example, William S. Burroughs's novel Naked Lunch(1959) was seized by the U.S. Customs
Department before it was published in the United States and underwent a lengthy legal procedure
10 supra

12
during which it was declared obscene. J. D. Salinger's novel Catcher in the Rye (1951) continues
to generate debate about its suitability for inclusion in school curricula, and it has been banned in
some school districts over the last several decades. Sparking discussion of censorship on a global
scale, Salman Rushdie's novel The Satanic Verses (1988) interweaves politics, religion, and
culture, and has elevated censorship to an international level.

Often the political climate in a given locale functions as the determining factor in literary
censorship. Regimes notorious for repression and censorship of literary works include the Soviet
Union under the reign of Josef Stalin in the 1930s and during the Cold War, China during and
after the People's Revolution, and South Africa in the era of apartheid. During Argentina's
military dictatorship from 1976 to 1983, censorship was exercised routinely to limit exposure to
writings expressing ideas that were considered threatening or uncomplimentary to the
government.

In Syria, the police state has tightly controlled the flow of information as well as literature, while
in Eastern European countries under Soviet influence, the Communist Party adjudicated the
appropriateness for publication of every new piece of literature. Although there were elaborate
institutions and mechanisms established to control the movement of literature or to ban its
expression in each of these countries, writers and readers has found ingenious ways of avoiding
censorship and securing alternate channels for publishing and distributing their work.

In the Soviet Union, for example, the samizdat book-publishing process became an industry in
its own right, and the spetskhran, or library of forbidden books, has coexisted alongside the state
library for decades. Writers have also incorporated literary techniques that allow them to evade
censorshipfor instance, utilizing parody, fantasy, or irony to allude to current events,
employing double meaning, and using atomized voices in drama so that no one person can be
held responsible for a particular utterance. Censorship in the form of media controls and Internet
access remains a topic of discussion into the twenty-first century.

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 LEGAL PROVISIONS

To censor is to act so as to change or suppress speech or writing that is condemned as subversive

of the common good. But it has been abused a lot by ruling regime to hide their misconduct. One
such example is execution of Socrates in 399 B.C. on charges that he corrupted the youth and
that he did not acknowledge the god that the city did but other new divinities of his own. In
China in 231 B.C. blatant oppressiveness, and an attempt to stamp out the influence of Confucius
and other sages, could be seen in the wholesale destruction of books. With the passage of time
people became aware of their rights and new principles of liberty and democracy emerged. The
result was more and more freedom to people to express their views and freedom of press.11

But still the state can impose certain restriction on these freedoms. In India, freedom of speech
and expression is a constitutional right guaranteed under Art 19(1)(a) of the constitution. These
rights can be restricted only on the grounds enumerated under Art 19(2) of the constitution. The
grounds enumerated under Article 19(2) are very wide. Here, my endeavor will be discussing
them one by one in lucid manner followed by other legislations which provides for restriction on
freedom of speech and expression.
11 lawinfowire.com/articleinfo/censorship-india-truth

14
 A. Public order and Security

The concept of public order is wider than security of state. Public order is virtually
synonymous with public peace, safety and tranquility. The term public order covers a small
riot, an affray, breaches of peace or acts disturbing public tranquility. In Virendra v. State of
Punjab1 .The law impugned was the Punjab Special Power (Press) Act, 1956. It provides for: 1.
Prohibition of printing or publication of any article, report, news item, letter or any other
material relating to or connected with save Hindi agitation; 2. The imposition of ban against
the entry and circulation of the said papers published from, New Delhi in the State of Punjab. 3.
Authorizing the State Government or its delegate to impose pre censorship.12

The Supreme Court struck the order about ban on entry and held that it was unreasonable
because there was no time limit for the operation of an order made against a paper and also
because there was no provision made for any representation being made to the State
Government. Das. C.J. observed: If as newspaper is prevented from publishing its own view or
the views of its correspondents it is certainly a serious encroachment on the valuable and
cherished right of freedom of speech and expression. Pre-publication ban even under a court
injunction can be justified in the interest of justice only when there is a clear and imminent
danger to the administration of fair justice and not otherwise.

B. Defamation

According to Winfield: Defamation is the publication of statement which reflects on a persons

reputation and tends to lower him in the estimation of right thinking members of society
generally or tends to make them shun or avoid him. Defamation under Indian Penal Code has
been made an offence. Even freedom of the press does not permit to publish defamatory matter.
Similarly section 5B of the Cinematograph Act, 1952 prohibit exhibition of a film which is
defamatory. Defamation under Indian Penal Code has been made an offence.13

12 ibid

13 supra

15
In R. Rajagopal v. State of Tamil Nadu, the Supreme Court held that neither the Government nor
the officials had any authority to impose a prior restraint upon publication of a material on the
ground that such material was likely to be defamatory of them. The right to publish the life story
of a condemned prisoner, in so far as it, appears from the public records, even without his
consent or authorization has been held to be included in the freedom of the press guaranteed
under article 19(1)(a). No prior restraint upon such publication can be imposed .Of course, if
someone is guilty of defamation, then subsequent penal sanction can be imposed.

It is submitted that penal sanction is better than prior restraint because the former chills while
the later freezes. An order not to publish material means that it can never legally see the light of
day, while a publisher faced only by the prospect of a criminal prosecution may decide to take
the risk and release the work, speculating either that he will not be prosecuted or that a jury may
acquit. 2 Reliance Petrochemicals Limited v. Proprietors, Indian Express Newspaper Bombay
Pvt. Ltd.

C. Decency or Morality

One of the exception to the fundamental right to free speech and expression guaranteed under
Article 19(1) (a) of the constitution is in favor of laws which impose restrictions in the interest of
decency or morality.14

Decency and Morality are vague and rather elastic notions that evolve with time and social
change and vary vastly among different cultures. Used often in the context of decency and
morality is the term obscenity which is expressly prohibited by Sec. 292 of the Indian Penal
Code. Court came out in various cases with certain tests to determine obscenity. It includes
Hecklings test, Likely audience test, Aversion Defense, National and Contemporary standards,
Reasonable mans test etc.

D. The Indecent Representation of Women (Prohibition) Act, 1986

This is an Act to protect the dignity of women. Section 3 of the Act prohibits advertisements
containing indecent representation of woman. Similarly sec. 4 of the Act prohibits publication or
14 www.bbc.com/news/33844154

16
sending by post of books, pamphlets etc. containing indecent representation of women. If
someone violates the provisions then for the first offence he can be sentenced up to 2 years and a
fine up to two thousand rupees may be imposed upon him.

For the subsequent offence the imprisonment may be not less than 6 months which may be
extended up to five years and a fine may be imposed which shall not be less than ten thousand
rupees but which pay be extended up to one lakh rupees. Thus, if authorities find that someone is
producing, selling ore circulating indecent material under the Act then they can take recourse of
sec. 4 of the Act and impose restriction on publication, circulation of such material.

It is submitted that the Act does not contain unreasonable provisions because exception can been
made under proviso to sec. 4 of the Act in favor of book, pamphlet, paper, slide, film, writing,
drawing, painting, photograph, representation or figure which is in the interest of science,
literature, public good etc.

E. Press Council of India Act, 1978.

Under this Act, the Press Council was reconstituted (after 1976) to maintain and improve the
standard of newspaper and news agencies in India. Section 13 of the Press council Act, 1978
specifies the objects and functions of the council. Section 13 (2)(c) states to ensure on the part of
newspapers, news agencies and journalist, the maintenance of high standards of public taste and
foster a due sense of both the rights and responsibilities of citizens. Sec 14(1) empowers the
council to warn, admonish or censure the newspaper, the news agency or the journalist if a
complaint is found true against him.15

On 1.6.2006 under clause 18(d), an advertisement policy was issued by the directorate of Audio
Visual publicity under the Central Government Advertisement Policy stating that the newspapers
will be suspended from empanelment by DG, DAVP with immediate effect if it indulged in
unethical practices or anti-national activities as found by the press council of India. Although on
one hand, the constitution confers the fundamental right of freedom of the press, Article 105(2)
provides certain restrictions on the publication of the proceedings in Parliament.

15 ibid

17
In famous searchlight case, the Supreme Court held that, the publication by a newspaper, of
certain parts of the speech of members in the House, which were ordered to be expunged by the
speaker constituted a breach of privilege.

F. The Press (Objectionable Matters) Act, 1951

This enactment provides against the printing and publication of incitement to crime and other
objectionable matters.

G. Advertising Standards Council of India

Advertising communication is a mix of arts and facts subservient to ethical principles. In order
to enforce an ethical regulating code, the advertising standards council of India was set up. Its
function is: To ensure the truthfulness and honesty of representation and claims made by
advertisements and to safeguard against misleading advertising. To ensure that advertisement
are not offensive to generally accepted standards of public decency. If the council finds an
advertisement misleading it can impose restriction on publication of such advertisements H. The
Cinematograph Act, 1952 The Cinematograph Act, 1952 has been passed to make provisions for
certification of cinematograph films for exhibition and for regulating exhibitions by means of
cinematographs. Under the Act there is provision for constitution of a Board called the Board of
Film certification by the central Government. The function of the Board will be to sanction the
films for public exhibition. The board may after examining the film with the help of advisory
panels at regional centers either sanction the film for unrestricted public exhibition, or may
sanction the film for public exhibition restricted to adults only, or it may sanction the film for
public exhibition restricted to members of any profession or any class of persons keeping into
account the nature, content and theme of the film.

The Board can also direct the applicant to carry out such excisions or modification in the film as
it thinks necessary before sanctioning the film for public exhibition. The Board can even refuse
to sanction the film for public exhibition. Board of film certification is having very wide powers
with regard to sanctioning of a film for public exhibition. In fact if it refuses to sanction a film
for exhibition then such film cant see the light of the day. It is a serious blow to the freedom of
speech and expression but there are certain safeguards also in the Act to minimize the misuse of

18
the Act. While examining the film the CBFC can refuse to certify a film on the grounds
enumerated under Sec.5B(1) of the Act.43 Further under S. 5B(2) of the Act, the central
government is empowered to issue such directions as it think fit to guide the authority competent
to grant certificate.16

Consequently the Central Government issued following guiding principles: (a) the objectives of
film certification will be to ensure that: the medium of film remains responsible and sensitive to
the values and standards of society; artistic expression and creative freedoms are not unduly
curbed. (b) In pursuance of the above objectives, the Board of Film Certification shall ensure
that: Scenes - (c) showing involvement of children in violence as victims or as perpetrators or
as forced witness to violence, or showing children as being subjected to any form of child abuse;
human sensibilities are not offended by vulgarity, obscenity or depravity; scenes degrading or
denigrating women in any manner are not presented. Visuals or words contemptuous of social,
religious or other groups are not presented. Visuals or words involving defamation of an
individual or a body of individual or contempt of court are not presented. (d) The Board of Film
Certification shall ensure that the film: is judged in the entirety from the point of view of its
overall impact; and is examined in the light of the period depicted in the film and the
contemporary standards of the country and the people to which the film relates, provided that the
film does not deprave the morality of the audience. The provision and guidelines have been
drafted carefully to minimize the abuse of the powers conferred to CBFC. But still the Act is not
free from criticism.17

For example section 7-F of the Act provides for bar of legal proceedings against the central
government, tribunal, the Board, advisory panel or any officer or member of the above
mentioned bodies in respect of anything which is done in good faith or intended to be done in
good faith under the Act. Taking benefit of this provision the authorities may misuse and harass
the film procedures. Similarly S. 13 of the Act empowers central Government of local authority
to suspend the exhibition of a certified film without giving opportunity of being heard to the
aggrieved party and from that date the film shall be deemed to be uncertified film.
16 www.legalserviceindia.com/articles/media.htm

17 supra

19
I.THE INFORMATION TECHNOLOGY ACT, 2000

The Information Technology Act, 2000, has been enacted to prevent publication, transmission of
obscene material in the electronic form through internet. Section 67 of the I. T. Act, 2000
provides punishment up to 5 years and a fine which may extend up to Rs. One Lakh for
publishing or transmitting material, which is lascivious or appeals to the prurient interest.

For subsequent conviction, the imprisonment may be extended up to ten years and the fine may
also be imposed up to Rs. two lakhs. Similarly, Section 69 empowers the controller to intercept
any information transmitted through any computer resource, if it is against the sovereignty and
integrity of India, public order or incite for the commission of a cognizable offence. Section 75
of the act provides for prosecution of offenders who have committed the offence outside India, if
such act involves a computer or computer network located in India. It shall be applicable to any
person, irrespective of his nationality. Thus, the IT Act up to a great extent brought within its
purview the offenders who are from outside India.

20
 CRITICAL ANALYSIS

The suppression or control of ideas, public communication and information circulated within a
society is termed as censorship. The freedom of speech guaranteed by the Constitution of India
can be suppressed if it is considered objectionable, harmful, or necessary to maintain communal
harmony. Governments across the globe have used religious arguments as well as other powerful
techniques and arguments to support for their censorship efforts. Offensive communication in the
eyes of the government varies from country to country, religion to religion, even sect to sect.
Many governments provide for certain limited protection against censorship. It is always
necessary to balance conflicting rights in order to determine what can and cannot be censored.

A classic example of censorship in India is the Central Board of Film Certification or Censor
Board, which comes under the purview of Ministry of Information and Broadcasting. The Board
regularly orders, directors to remove anything it deems offensive or subjects considered to be
politically subversive. The censorship of films is governed by the Cinematograph Act, 1952. It
assigns certification as Universal, Adults, and Parental Guidance to films in India before public
exhibition.

Around the world the utmost concern of censors is the depiction of violence and sex. The censor
boards job is to control the corruption of the mind and to stop pornographic films. But on the
other hand it is ironical that anyone with internet access can see endless amounts of pornography.
Today a child with access to internet can see all kinds of pornography by typing three letters
sex, while the censor board has long discussions on the permissible duration of a kissing scene
in a movie. I am not saying that we should legalize pornography, but in todays age the censor

21
board has to understand that this generation exercises their right to freedom of speech and
expression.

India offers its citizens a comfortable illusion of freedom and democracy based on equality
and liberty. But a closer inspection of this face value reveals many ugly truths. Homegrown
presents a series of articles by Devang Pathak wherein we attempt to highlight a 68-year-
old culture of repression, censorship and injustices meted out to the basic rights of
Freedom Of Speech and Expression in this country. In this first piece, he traces the
frequency of revisionism and censorship in just the past one year in the country that seems
to showcase a very particular shift in political agenda, well worth taking note of.
The run up to the 2014 elections had Indians in their most agitated state yet. While many played
the personality politics game outrageously, a few voices such as Anand Patwardhan expressed
genuine concern for citizens freedom of speech and expression if the NDA was brought to
power. The reasons were twofold given the earlier history of the BJP in support
of censorship, moral policing, revisionism and the autocratic nature of Narendra Modi.
The run-up and the aftermath since the elections have thrown up serious concerns about the
increasing role of censorship in the country. While the UPA government was far from innocent in
its tirade or failure to ensure freedom of expression, even trying to censor the internet, the
increased frequency of censorship and revisionism under this government is different in its set
agenda the creation of a Hindu Nationalist Nation. Here, we present to you a list of few events
in the past one year alone, which are not only worrying but also demand introspection as per the
repercussions they might be having on the future of this country. While a few of them are not
directly supported by the ruling party or their stated ideologies, the failure to protect freedom of
speech is equally worrisome.
In the run-up to the General Elections, The Hindus: an Alternative History had attracted the
wrath of the right-wing political groups. Dinanath Bharat, leader of the Siksha Bachao Andolan
had filed a case against the book which he deemed was insulting to Hindu Gods and distorted
history. While the debate raged on about the writing style and accuracy of the books facts,
Penguin India decided to withdraw the book from bookstores across India.

A DNA article titled Mamata Banerjee calls Narendra Modi butcher of Gujarat; here are 9
myth busters on 2002 post-Godhra riots was removed by DNA on April 30th, just hours after it

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was put up. The reason was never made clear but its speculated that the Modi PR team raised
objections. The article listed credible sources from various judgements and 2002 articles to point
out the culpability of the Gujarat Government in failing to prevent the Godhra Massacre.

A case was filed against the editorial team of the magazine of Government Polytechnic College
in Kunnamkulam, Kerala for using PM Modis image in a list of the cruellest people in the
world. Subsequently, nine students of Sree Krishna College in Guruvayur, were arrested for
using the PMs nickname of NaMo as a crossword clue which led to a solution which spelt an
expletive.
The Gujarat Government issued a circular in June 2014, whereby a series of books by
Dinanath Batra were made a part of the curriculum for 42,000 primary and secondary
government schools. Akhand Bharat which includes Pakistan, Myanmar and Sri Lanka, curing
infertility by taking care of cows, stem cell research was first done in India as per the
Mahabharata are some of the ideas propagated by the author of the book. The Gujarat State
School Textbook Board Director said that these books will help our students develop moral
values. This form of revisionism is blatantly disturbing and not the first instance of our
textbooks being used to show questionable knowledge.
In a repeat of its self-censorship policy, DNA removed an article by Rana Ayyub titled A New
Low In Politics on the adjournment of Amit Shahs bail application because of his excuse of
working in Delhi. The removal of the article from the DNA prompted a furore on social media
with many criticizing DNA and the possible reason for the removal. The article was
quickly reproduced with Ayyubs consent on other pages.

Shubhradeep Chakravorty and Meera Chaudharys investigative documentary on the 2013

Muzzafarangar Riots titled En Dino Muzzafarnagar was refused clearance from the Central
Board Of Film Certification. Thereafter, pressure was put on cancelling a private screening of the
documentary in Kolkata. Critically-acclaimed Tamil writer Perumal Murugan grabbed national
attention when he declared that he was dead as a writer, and withdrew all his books from the
bookstores. The writer was forced to issue an unconditional apology for his book
Madhurubagan (One Part Woman) after certain right-wing groups and caste groups protested
the content. The book was published in 2010 and is a fictional story about the struggles of a
couple in Kongu. The book mentions an annual festival of Ardhanareeswarar Temple in which

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till 50 years ago, childless married women could indulge in sex with any stranger of their choice.
If a child was born as a result of this act, he would be welcomed by the husband and his family
as a blessing from God. The writer and his family were forced to exile from his hometown of
Namakkal.

CONCLUSION

Freedom of speech and expression is the mother of all liberties and freedom of press can be
regarded as the very business of a democratic form of government. Richard M. Schmidt has
rightly said our freedom depends in large part, on the continuance of a free press, which is the
freedom of speech and expression of individual or press. But it is not unfettered. Such freedoms
are subjects to reasonable restrictions and one such restriction is censorship.

Article 19 (2) of the constitution of India provides basis for imposition of restrictions in the form
of censorship. Consequently so many laws have been enacted which provides for censorship viz.
the Press Council of India Act,1978,the Press(Objectionable Matters)Act,1951,theIndian
Cinematographic Act, 1952 etc. These laws are of such a nature that if they will not be used with
caution, may lead to total deprivation of freedom of speech and expression.

Thus, it becomes incumbent upon the judiciary to strictly scrutinize restrictions in the form of
censorship and allow such restrictions only in a situation where there is no other option left with
the Courts. Often the grounds on which censorship is imposed are of vague in nature. So, Courts
should give narrow interpretation to those terms. By doing so it may be able to protect such a
noble and cherished value like freedom of speech and expression.

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 BIBLIOGRAPHY

BOOKS

1. Freedom of the Press: A Reference Guide to the United States Constitution.

2. Press and Speech Freedoms in the World, from Antiquity until 1998: A Chronology.

3. Free Press v. Fair Trial: Supreme Court Decisions since 1807

4. Rights and Regulations: Academic Freedom and a University's Right to Regulate the
Student Press

5. Uninhibited, Robust, and Wide-Open: A Free Press for a New Century

WEBSITES

1. "Censorship Definition and More from the Free Merriam-Webster Dictionary"

2. "The Long History of Censorship", Mette Newth, Beacon for Freedom of Expression

3. The Raw Story | Investigative News and Politics

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