Censorship Doesnot Mean Blanket Ban

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"Censorship does not mean a blanket ban in the name of obscenity and

public order". Elucidate.

Censorship is the suppression of speech, public communication or other information which


may be considered objectionable, politically incorrect or inconvenient as determined by
governments, media outlets, or authorities. More often than not, there is news of something
getting banned somewhere in the world for reasons that seem unreasonable to many while a
necessity to the rest. In India, especially, censorship exists widely. While each country and each
culture censor the media in one way or another, the amount of censorship or the cut-off level
which defines what to show and what not to differs. Sometimes censorship can be a blanket
ban on certain taboo topics and the definition of a taboo topic would be given according to the
governing authority in the country. A classic example of censorship in India is the Central
Board of Film Certification or Censor Board, which comes under the purview of the Ministry
of Information and Broadcasting. The censorship of films is governed by the Cinematograph
Act, of 1952. The Press Council expressed concern over the increasing instances of obscene
advertisements in the print media. It opposed censorship but favoured preventive steps to check
any obscene material at the pre-publication stage. Around the world, the utmost concern of
censors is the depiction of violence and sex. The job of the censor board is to control the
“corruption of the mind’ and to stop pornographic films. But on the other hand. Ironically,
anyone with internet access can see endless amounts of pornography. However, every coin has
two sides to it, and censorship, too has certain advantages and disadvantages to it, as have been
discussed below:

ADVANTAGES OF CENSORSHIP:

1. Media Influence on Society: As a community, we are heavily influenced by the media


and other sources of information. As a result, we tend to overlook the bias created by
the media in its portrayal of events and occurrences that change the viewers’ perception
in order to attain and maintain a high Target Rating Point. As a result, most of the time,
we are fed information that may be entirely false and baseless. The media has the ability
to manipulate its viewers in different ways. It is difficult to trust any news or report on
an event fully. Furthermore, several television shows have influenced society in ways
that deviate people from the reality of life.
2. Media to be Censored for Children: Young minds cannot differentiate between real and
make-believe. The amount of violence and obscenity displayed affects the psyche of
young children. We do not want our children to think it is okay to be a thug, a stalker,
or a bully. Hence the amount of violence the media broadcasts need to be censored for
the young minds who still cannot differentiate between right and wrong. Also, the
approach towards sex and pornography should neither be casual nor treated as taboo
because either way gives a wrong idea to young minds. Certain advertisements that are
meant for adults and are displayed on cartoons or other channels that are viewed by
children need to be filtered. There needs to be an age restriction strictly employed, and
open media grounds like news channels and newspapers must restrict their portrayal of
such topics keeping in mind the age of the general audience.
3. Security of the State: In cases where the public interest is in question, censorship
becomes an absolute necessity. The detailed discussion of every minute detail of our
army’s movements and presence, as in the Border Security Forces’ case in Kashmir, the
media, can prove dangerous as the information provided to the general public is
accessible by all. This information can be easily used by the wrong people against us.
It is also necessary because it helps control panic and rumours throughout the country
during an emergency like a terrorist attack, for example, the terrorist attack in 2008 of
the Taj Mahal Palace Hotel in Mumbai. Mandating censorship on defence-related and
sensitive subjects is mandatory. A two-tier censorship structure – the Central Board of
Film Certification (CBFC) for the silver screen, and the body enforcing the rules for
cable television, with the latter having far broader powers.

DISADVANTAGES OF CENSORSHIP:

1. Freedom of Speech: The very concept of censorship clashes with the principles of
democracy. The Constitution of India guarantees Freedom of Speech and Expression
under Article 19(1) (a) with certain ‘reasonable restrictions’ under Article 19 (2), which
are morality, decency, public order etc. In Romesh Thappar v State of Madras, AIR 1950
SC 1024, the Apex Court rightly observed that “Freedom of Speech and the Press lay
at the foundation of all democratic organisations, for without free political discussion
no public education, so essential for the proper functioning of the process of popular
Government, is possible“. Statutes such as the Right to Information Act, 2005 entitle
every citizen to have access to information with the object of promoting openness,
transparency, and accountability in avenues of administration, but this right is restricted
by needless restrictions and bans. Also, the Information Technology Act, 2000 aims to
punish people who send offensive messages online but, unfortunately, is often used to
target dissidents and even harmless posts on social media, which diverts the attention
from the actual objective that the restrictions seek to maintain. Very recently, the
Supreme Court struck down Sec 66A of the IT Act which allows the arrest of a person
posting objectionable content on social networks, because it violated freedom of
expression under Article 19 (1)(a). Sec 66A has been invoked to make several arrests
for the publication of allegedly offensive content on Facebook, Twitter, etc.
2. Hinders Creativity: Censorship hinders creativity. Censorship in books, plays and
movies may compromise their entertainment value. It debars from voicing one’s
thoughts freely in any medium and can be used to block legitimate criticism. The Indian
Broadcasting Federation has set up a mechanism for self-regulation through the
Broadcasting Content Complaints Council (‘BCCC’), which addresses complaints
through a two-tier process. It is guided by the Content Code and Certification Rules,
2011. The two parallel regulatory mechanisms (BCCC and IMC) have given rise to
confusion with respect to the procedure for the redressal of complaints. This issue was
challenged by Viacom 18 Media Pvt. Ltd., which owns Comedy Central, before the
Delhi High Court.
3. Misuse and Ignorance: Media is a major source of information. Everything we know is
happening around the globe today is provided by news channels, newspapers, the
internet and other forms of media. In our country, political parties suppress rightful
information in the name of censorship. Censorship is used to keep people ignorant. The
decision maker of what is appropriate on a social level are a handful number of people
sitting in a room and declaring what is right and what is wrong based on their ideologies
which, again, is highly subjective.

CONCLUSION:

The absence of censorship is neither practical nor pragmatic, as it will cause chaos and conflict
in the nation. However, using censorship also doesn’t mean that the government uses it for its
own personal gains by suppressing dissent or diverting from actual issues of concern also does
not counterbalance the situation. India is the largest democratic nation in the world and there
are enough precedents to show that the Judiciary recognises the difference in opinions and
viewpoints and the existence of criticism as long as it does not hinder public peace. Sadly,
today censorship is used as a weapon in the hands of the State to ensure that people agree with
its ideology, and often, the Censor Board functions to impose this very notion of the State. To
ensure that the censorship is not misused or used excessively, a balance needs to be struck on
both State action as well as the actions of the media. The subjective nature in this regard cannot
be discounted but placing reliance on the older judgments of the Apex Court and its
interpretation of laws in this respect can help reduce the confusion and give the people of our
country a clearer outlook of their rights.

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