Published May 15, 2021
6 mins read
1137 words
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Societal Issues
Law
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Censorship Laws In India. Boon Or Bane ?

Published May 15, 2021
6 mins read
1137 words

For considering the aim or object of the above mentioned topic we have to go with following key points: -

1. What Is Censorship: - 

Censorship is like a semi permeable membrane which infiltrates the ideas circulating in our society for its well being. That is to say, if we consider the state as the parent of our society then, censorship is that parental control upon our floating ideas which drives it in a reasonable path.

This process of censorship is regulated by our government in a democratic way, through its self instituted regulating bodies.

2. Indian Censorship Regulating bodies : -

A. CENTRAL BOARD OF FILM CERTIFICATION (CBFC) 

It is a statutory censorship and classification body under the ministry of information and broadcasting – Government of India. It was established on 15th of January 1951 about 69 years ago. This body of government of India regulates the public exhibition of films under the provisions of Cinematograph Act 1952.

B. PRESS COUNCIL OF INDIA (PCI) 

The Press Council of India was constituted on July 4th 1966 as an autonomous, statutory and a quasi-judicial body. Which regulates and represents the Indian press entirely? In other words press council is a mechanism of the press to regulate itself. The main aim of PCI is the liberalization of press and protection of journalists. The structure of PCI contains its members from various field of society.

C. TELECOM REGULATORY AUTHORITY OF INDIA (TRAI) 

TRAI is a statutory body sat up on February 20th 1994 by parliament of India through Telecom Regulatory Authority Act 1997. Its main objectives are to create and nurture such conditions that encourages the growth of telecommunication sectors in India so that the country can play an important role in the world telecommunication society and to form a transparent and fair policy environment that encourages fair competitions. It has been structured into two whole time and two part time members. In general terms the charges of telecommunication companies is regulated by this authority.

D. THE BROADCASTING BILL AND BRAI 

This bill proposed to provide for an independent authority to be known as Broadcasting Regulatory Authority of India (BRAI). Which would have purpose to facilitate and regulate broadcasting services in India? It could function as follows: -

To carry out frequency planning.

* To grant licenses for broadcasting services.

* To ensure that wide range of broadcasting services available throughout India.

* Direct to home broadcasting.

* Local delivery services.

* Such other services as may be prescribed.

But the functions of broadcasting censorship have been performed through the TRAI, telegraph act and some other regulations, which have a long and brief history.

CONCLUDING REMARKS 

In my opinion and in general parlances also, in a society of good governance the ideas of subversive nature are to be supervised and controlled before its circulation. These ideas could be in the form of speech, writing, plays, films, TV, radio program, news reports or other communication media. But, this censorship should be furnished under the veil of our fundamental rights provided by our constitution under Article – 19 (2) as Freedom of Speech and Expression. These censorship regulating bodies are regulated by the government and it should not be used in the sense of their political interests. The censorship laws in India are boon for Indian society, in my opinion. But if the freedom of speech is curtailed of any citizen of India by any unreasonable or illegal means of these bodies it would definitely become a bane for the Indian society.

        Lastly I would like to attract your interest towards some points of conflicts which should be considered by everyone for the betterment and balance of relation between censorship laws and the Indian society I following manner : -

A documentary on the contest between Arvind Kejriwal and Narendra Modi in the 2014 General elections i.e. Dance Of Democracy (A Battle For Banaras) was Directed by Kamal Swaroop (a veteran director) was banned by CBFC and the FCAT as well. It was contended by the director and his colleagues in the apex court through a writ petition that they captured the original and ground facts of the whole election campaign there were no fictions added by themselves but along with this there short film was banned and they suffered a huge loss of money, time and labor. I think how can an original picture of something could explode the emotions of the elements involved in the materia

Similarly, in the case of broadcasting authorization of censorship there is a web which regulates it. There is a long history of the assent and presentation of broadcasting bill from year 1997 till today. Nowadays, TRAI, Cable Televisions Networking Act 1995, Telegraph Act 1885, Indian Wireless Telegraphy Act 1933 etc and Ministry Of Information and Broadcasting regulates the broadcasting in India which should be regulated by a single regulating authority in a reasonable manner that is BRAI, because the root of regulatory challenges in the broadcasting in India is the lack of regulatory distinctions between broadcast content and distribution. A sector specific legislation could only resolve them.

News in the present scenario is floating related to OTT Platforms; the Over the Top Platforms are content hosting platforms and branched into the production and release of Short Movies, Feature Films, Documentaries and Web Series. Now, the question rose the isn’t they are regulated and if not does they should be regulated. The OTT platforms are not regulated by such specialized body of government of India but represented by INTERNET AND MOBILE ASSOCIATION OF INDIA (IAMAI). They used to raise the voice for such matters which has been censored from the society and their circulation is necessary before the society. In defense the OTT platform contained that, they framed their censorship by framework of age classification, content descriptions and parental controls and which made it easier for consumers to make the right viewing decisions for themselves and their families.

            But in PIL in mid October 2020 it was stated before the Supreme Court that the digital content on these platform is made available to the public at large without any filter of screening. On this note Supreme Court asked central’s response for regulation of OTT platforms, in response the central government covered the digital content providers under the regulations of the Information and Broadcast Ministry. In oppose to this decision the OTT platforms contended that it hamper their right to free speech, they used such platforms for constructive criticism. On the other hand OTT platforms were used to show violative contents and Sex Scenes without screening that is subversive. At present it is on the Ministry Of information and broadcasting to how to curtail this problem in a reasonable way. I would hope that the balance could be made without damaging right to speech and the sole aim of censorship.          

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raswin007 5/15/21, 6:59 AM
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