CENSORSHIP IN INDIA

It involves the suppression of speech or other public communication, raises issues of freedom of
speech which is otherwise protected by Constitution for maintaining communal and religious
harmony. As per as IT Rules 2011, objectionable content includes anything that threatens the
unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states or
public order. In 2016 Freedom in the World by Freedom House gave India a freedom rating of
2.5, civil liberties rating of 3 and political rights rating of 2. Press freedom Index was assessed as
partly free. Obscenity and sexual content, watching or possessing pornographics is apparently
legal but distribution is strictly banned. The Central Board of Film Certification allows release of
certain films with sexual content are labelled as A rated and are shown in restricted spaces and to
be viewed by people above the age group of 18.
Press: The Indian Press currently enjoys extensive freedom. Though during emergency days
censorship was imposed on press but was removed in March 1977.
National Security: The Official Secrets Act,1923 is used to safeguard protection of official
information.
Music: Some International music bands like slayer releasing albums like Christ Illusion was
banned after opposition by Catholic Churches took it to be offensive.
Dramas: In 1977 Maharashtra Government banned Marathi play entitled Nathuram Godse but it
was declared it ultra vires thus rescinding the ban.
Maps: It is a criminal offence to question the territorial integrity of India.
Books: Some books like The Polyester Prince, importing books like The True Furqan have been
banned to protect communal harmony between various groups and sects.
Internet: Censorship of Internet content though is relatively low. Though Private companies are
repeatedly asked to remove information which is perceived to be endangering public order or
national security. The recent amendments to IT Act makes it mandatory for such companies to
specifically designate officials to attend to any blocking requests. Licensed ISP are obliged to
sign an agreement that allows Indian Government to access user data classifying it to be selective
internet filtering. IT Corporations are criticized for their complicity in censorship and their
human rights violations. Internationally in instances like when Yahoo was sued under Alien Tort
Claim Act for providing Chinese Government with personal account information of some
dissidents. Recently eighteen IT Corporations were prosecuted by Indian Government for not
censoring online content. Though censorship can also become a challenge to strong democracies.
Traditionally India has been a socialistic democracy. But recently it moved towards a capitalist
economy characterized by unregulated markets, Privatization, FDI's etc. We have a long history
of social unrest as we are a diverse country in terms of language, customs, traditions, religion etc.
Basing on model law on electronic commerce IT Act was passed in 2000 necessitating to control
electronic media for maintaining social fabric though some groups claim its to be repressive
force for digital freedom.
Index on censorship is a combination of journalism campaigning and advocacy to defend
freedom of expression for journalists, writers, bloggers etc. New regulations introduced in 2011
oblige ISP to take down content within 36 hours of a complaint are though problematic
intermediaries as are liable for content.
Online Censorship: Since 2003 ICERT (Indian Computer Emergency Response Team) serves as
a nodal agency for implementing Internet Censorship and filtering. There is always an
uncertainty of the expressions whether made offline or online. There is a compounding problem
for intermediaries not notifying people about objectionable posts and photos etc are censored nor
gives them an opportunity to appeal against the decision. In 2008 amendments to IT Act limited
liability and standardize notice and takedown procedures under Sec.79 of IT Act though
complying with its provisions are sometimes neglected during public holidays. A leading online
consumer review website filed a petition in Supreme Court of India as it faced various legal
notices, cyber crime complaints, defamation cases for not having removed objectionable content
within 36 hours.
Filtering and Blocking: There is a widespread blocking and filtering of websites by ICERT.
Network disruptions: There are network disruptions on mobile phones, TV stations, print media
etc as they are sometimes formed to be aggravating situations. Mobile services are suspended as
mobile phones are suspected to be used to detonate bombs. the restrictions on digital free speech
are of great concern.
Criminalisation of online speech: Authorities have prosecuted u/s 66A of IT Act for posting
harmless content. It is a broad act and also carries a disproportionate punishment.
Surveillance, Privacy and Government access to individuals online data: The Indian Government
has consistently requested IT companies to grant it real time interception capabilities on
Blackberry users as it is empowered u/s 69 of IT Act.
There are a number of obstacles to online access namely infrastructural limitations etc.
Despite our lively democracy strong traditions of press freedom and political debates, we are to
arrive at a balance between freedom of expression and security.