WHY IN NEWS:  The CBFC reportedly demanded cuts to Janaki even before the Kerala High Court weighed in. Critics argue this is a case of the board bending to proactive censorship aimed at avoiding possible backlash.

WHAT IS CENSORSHIP?

• Censorship refers to the suppression, control, or regulation of speech, public communication, or other forms of information that may be considered:

• Objectionable
• Harmful
• Sensitive
• Politically inconvenient

SIGNIFICANCE OF CENSORSHIP

Films and Visual Media

1. Powerful medium of expression: Cinema is a widely accepted form of speech and expression under Article 19(1)(a) of the Indian Constitution.
2. Shaping public opinion: Films can influence public behavior, attitudes, and cultural norms both positively and negatively.
3. Curbing obscenity: Censorship ensures that materials considered morally questionable or obscene, such as pornography, are restricted from public view.

Online Platforms and Digital Media

1. Unchecked content: The rise of offensive, abusive, or misleading content under the guise of “freedom of expression” poses new challenges.
2. Protecting vulnerable groups: Children and adolescents, due to smartphone penetration and lack of regulation, are often exposed to harmful content.
3. Curbing digital crimes: Censorship helps in combating issues such as: Radicalisation and terrorist propaganda, Child pornography,Cyberbullying and digital harassment,Deepfakes and misinformation.

Religious Sensitivities

1. Maintaining communal harmony: Religious censorship aims to avoid content that could offend the beliefs of specific communities and trigger violence.

Political Domain

1. Control over dissent: Governments may censor political dissent or sensitive information to maintain control and public order.
2. misinformation during crises: For example, censoring war-related misinformation or communal rumours to prevent unrest.

TOOLS & MECHANISMS OF CENSORSHIP IN INDIA

Cinematograph Act, 1952 – 

• Gives powers to the CBFC (Central Board of Film Certification) to certify or refuse films.

IT Rules, 2021 – 

• Digital media is brought under the ambit of Section 69(A) of the Information Technology Act, of 2000 which gives takedown powers to the government.
• Empowers the government to block public access to an intermediary “in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognisable offence relating to above”.

Press Council of India:

• It is a statutory and quasi-judicial body which was established under the Press Council Act, 1978.
• It acts as the self-regulatory body for the press and regulates what comes to the media domain.

The Cable Television Networks Act:

• This act also filters the kind of content that can be broadcasted.

CONCERNS AND CRITICISM

Violations of Natural Justice & Freedom of Speech:

• Right to receive and impart information is constitutionally protected under Article 19(1)(a), recognized by the Supreme Court  .

Curbing Artistic Freedom

• Vague standards: Constraints like “offensive” content or “against cultural ethos” are often ill-defined, leading to arbitrary content cuts  .
• Stifling creativity: Filmmakers and artists face constant pre-certification scrutiny, leading to self-censorship ahead of public release.

Exploitation of Emergency Powers

• Undefined “emergency”: The law doesn’t define what qualifies as an emergency—leaving it open to interpretation .

Press Freedom & Political Pushback

• Social media orders frequently aimed at dissenting or investigative journalism while failing to curb “populist fake news”  .
•  Media watchdogs note a decline in press freedom rankings and rising pressure on independent outlets  .
• Global decline: India’s press freedom ranking has worsened—with a notable drop from 150 to around 161/180 in recent years

 Digital Rights Under Attack

• Internet shutdowns: India leads globally in shutdowns (771 between 2016–2023), often during unrest, impacting millions and costing the economy billions  .

Vague Definitions & Selective Targeting

• Ambiguous terms: Justifications like “offensive,” “unfavourable to public order,” or “cultural insensitivity” lack clarity and scope  .

WAY FORWARD ON CENSORSHIP IN INDIA

1. Balanced Law is the Need of the Hour

• Censorship laws must strike a balance between objective content regulation and the freedom of artistic, political, and creative expression under Article 19(1)(a).

2. Clearly Define National Security and Public Order

• Authorities must demonstrate a real and imminent threat to national security when restricting content.

3. Institutionalize Self-Regulation

• Encourage industry-led self-regulatory bodies (with public oversight) to promote accountability while preserving editorial freedom.

4. Proactive and Transparent Approach

• All censorship-related decisions should be promptly notified and well-documented.
• Transparency in process will boost public trust and ensure legal remedies.

5. Mandatory Show Cause Notice and Right to Defense

• Before restricting content, the government must issue a show cause notice, allow the creator or publisher a chance to defend, and publish a reasoned order.

6. Establish an Independent Content Regulatory Authority

• Create an autonomous regulatory body in consultation with the Leader of Opposition and the Judiciary to ensure neutrality.
• This body should oversee appeals and review censorship orders impartially.

7. Public Participation and Awareness

• Promote civic awareness about the limits and rights related to free speech and censorship.

8. Refer to Landmark Judgments

Implement the spirit of key Supreme Court rulings such as:

• Shreya Singhal v. Union of India (2015) – struck down vague laws like Section 66A of the IT Act.
• S. Rangarajan v. P. Jagjivan Ram (1989) – emphasized that censorship must not suppress divergent views unless there is a clear and present danger.