Freedom of Expression and Censorship: Legal Boundaries in India
- ByAdmin --
- 13 May 2025 --
- 0 Comments
Freedom of expression is a cornerstone of any democracy. In India, it is constitutionally protected, but it is not an absolute right. The balance between free speech and reasonable restrictions has been a subject of ongoing legal and political debate, particularly with the advent of digital platforms and evolving societal norms.
Constitutional Basis for Freedom of Expression
- Article 19(1)(a) of the Constitution of India guarantees the right to freedom of speech and expression to all citizens.
- This encompasses the right to express opinions, publish, broadcast, and access information freely.
- The Supreme Court in Maneka Gandhi v. Union of India (1978) emphasized that freedom of speech is one of the most important liberties in a democratic society.
Permissible Restrictions
However, freedom of expression under Article 19(1)(a) is not absolute. Article 19(2) allows the State to impose "reasonable restrictions" on several grounds:
- 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 Offense
The balance between individual rights and public interests is crucial, as seen in multiple judgments like S. Rangarajan v. P. Jagjivan Ram (1989), where the Court held that freedom cannot be suppressed unless the situation endangers public order substantially.
Legal Mechanisms of Censorship in India
1. Cinematograph Act, 1952
- The Central Board of Film Certification (CBFC), under this Act, reviews films and grants certification.
- Section 5B lays down conditions regarding public order, decency, morality, and relations with foreign states for certification.
2. Information Technology Act, 2000
- Section 69A empowers the government to block access to information online "in the interest of sovereignty, integrity, public order, etc."
- Recent cases like the banning of Chinese apps (2020) and take-down orders against social media platforms highlight the use of Section 69A.
3. Indian Penal Code, 1860
- Section 124A: Sedition laws criminalize words or acts that bring hatred or contempt toward the government.
- Sections 153A and 295A: Punish promoting enmity between groups and insulting religious sentiments.
4. Press Council Act, 1978
- Establishes the Press Council of India to uphold freedom of the press while maintaining high standards of journalism.
Recent Judicial Trends
The judiciary has often intervened to uphold freedom of expression against arbitrary censorship:
- In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A of the IT Act as unconstitutional, citing it had a chilling effect on free speech.
- In Anuradha Bhasin v. Union of India (2020), the Court ruled that freedom of the press and access to the internet are protected under Article 19.
However, courts have also recognized the need for reasonable restrictions, as reflected in decisions allowing certain internet bans during riots or communal tensions.
Challenges and Concerns
- Vague Grounds for Restrictions: Phrases like "decency," "morality," and "public order" are often broadly interpreted.
- Political Misuse: Censorship mechanisms are sometimes accused of being used to suppress dissent or unfavorable criticism.
- Digital Censorship: The rise of online platforms has led to newer forms of censorship through algorithmic moderation, de-platforming, and blocking orders without adequate transparency.
- Need for Clear Guidelines: There is an ongoing demand for clearer, narrower definitions of what constitutes reasonable restriction.
International Perspective
India, as a signatory to the International Covenant on Civil and Political Rights (ICCPR), 1966, is obligated to protect freedom of expression under Article 19 of the Covenant. However, like the Indian Constitution, the ICCPR also permits restrictions, provided they are lawful, necessary, and proportionate.
Conclusion
Freedom of expression remains a vibrant but contested space in India. While the Constitution and judiciary largely protect speech rights, State-imposed restrictions — particularly through laws like Section 69A of the IT Act and censorship by regulatory bodies — continue to create friction. A more nuanced, transparent, and rights-oriented approach is necessary to strike the right balance between freedom and responsibility in India's evolving democracy.
RELATED Blog
0 comments