FREEDOM OF SPEECH AS HUMAN RIGHT \ CONSTITUTIONAL GUARANTEE \

REASONABLE RESTRICTION
Freedom of speech is a principle that supports the freedom of an individual or a community
to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction.
The term freedom of expression is usually used synonymously but, in legal sense, includes
any activity of seeking, receiving, and imparting information or ideas, regardless of the
medium used.
Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to
freedom of opinion and expression has been protected in all of the relevant international
human rights treaties. In international law, freedom to express opinions and ideas is
considered essential at both an individual level, insofar as it contributes to the full
development of a person, and being a foundation stone of democratic society. Free speech is
a necessary precondition to the enjoyment of other rights, such as the right to vote, free
assembly and freedom of association, and is essential to ensure press freedom.
Freedom of opinion and expression are fundamental rights that contain both a personal and a
social dimension. They are considered “indispensable conditions for the full development of
the person”, “essential for any society” and a “foundation stone for every free and democratic
society”. Under the ICCPR, freedom of expression includes the “freedom to seek, receive and
impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in
print, in the form of art, or through any other media of a person’s choice.
Freedom of speech is understood to be fundamental in a democracy. The norms on limiting
freedom of expression mean that public debate may not be completely suppressed even in
times of emergency. However, free speech is not an absolute right and can be limited where it
is necessary and done in a proportionate manner. Under the ICCPR, freedom of expression
can only be restricted by law and where necessary to respect of the rights or reputations of
others; or for the protection of national security or of public order, or of public health or
morals.

INDIA- The Indian Constitution grants varied fundamental freedoms to the citizens of India.
Right to freedom is one of the most fundamental freedoms enshrined in the Indian
Constitution. The right to freedom ensures rights for people to lead a life with dignity. It is
the existence of these freedoms that brings meaning to democracy. Freedom is a state under
which individuals can speak, act and seek pleasure without undue external restrictions.
Freedom is crucial because it results in enhanced forms of imagination and original thought,
increased productivity and a high standard of life overall. The right to freedom often
propagates an individual in social and political life. Articles 19, 20, 21A and 22 consist of
provisions concerning the right to freedom.
In the colonial era, the freedom of Indians was fully at stake. Indeed, the British Empire’s
actions curtailed the Indian masses’ freedom of expression and speech. The British took
every practicable step, from the Sedition laws introduced by the English in 1870 to curtailing
opinion-making among Indians in order to counter the nationalist feelings that exist among
the masses to an independent battle. Freedom of speech and expression is a vital aspect of the
American Constitution.
The freedom of speech and expression provided for in Article 19(1)(a) of the Constitution is
one such privilege. Freedom of speech and expression enables an individual to openly share
his or her views, with some reasonable restrictions. It is an essential right in a democracy, and
is granted by Article 19(1)(a) of the Constitution of India to the people of India. It upholds
the ‘liberty of thought and expression’ principle provided in the preamble.
Freedom of speech and expression grants Indian citizens the right to communicate their
thoughts and views without apprehension, by means of words either written or spoken,
pictures or some other visual or communicable representation such as gestures or signs. It
contains the freedom to propagate one’s own opinions, and the opportunity to publish other
people’s views. Free expression cannot be equated or confused with a license to make
accusations against the judiciary that are unfounded and are irresponsible. Therefore, the right
to speech and expression is not an absolute right, and the State can enforce reasonable
restrictions under Article 19(2) of the Constitution.
The main elements of right to freedom of speech and expression are as under-
1. This right is available only to a citizen of India and not to foreign nationals.
2. The freedom of speech under Article 19(1) (a) includes the right to express one’s views
and opinions at any issue through any medium, e.g., by words of mouth, writing, printing,
picture, film, movie etc.
3. This right is, however, not absolute and it allows Government to frame laws to impose
reasonable restrictions in the interest of sovereignty and integrity of India, security of the
state, friendly relations with foreign states, public order, decency and morality and contempt
of court, defamation and incitement to an offence.
Over the years, judicial creativity, judicial wisdom and judicial craftsmanship have widened
the scope of freedom of speech & expression by including in it the following aspects-
a. Freedom of Press-Democracy can thrive through vigilant eye of Legislature but also
care and guidance of public opinion and press par excellence. Freedom of speech
include right to propagate ones views through print media or any other
communication channel e.g radio, television subject to reasonable restrictions
imposed under Article 19(2).
Romesh Thappar v. State of Madras was amongst the earliest cases to be decided by
the Supreme Court declaring freedom of press as a part of freedom of speech and
expression. Freedom of Speech and of Press lay at the foundation of all democratic
organizations, for without free political discussion, no public education, so essential
for the proper functioning of the process of Government, is possible.

In the case of Indian Express v. Union of India, it has been held that the Press plays
a very significant role in the democratic machinery. The courts have duty to uphold
 the freedom of press and invalidate all laws and administrative actions that abridge
that freedom.
In Sakal Papers Ltd. v. Union of India, the Daily Newspapers (Price and Page)
Order, 1960, which fixed the number of pages and size which a newspaper could
publish which fixed the maximum number of pages, was struck down by the Supreme
Court of India holding it to be violative of provision of Article 19(1)(a) and not to be
reasonable restriction under Article 19(2).

b. Freedom of Commercial speech- In Tata Press Ltd. Vs. Mahanagar Telephone

Nigam Ltd., the Supreme Court held that a commercial advertisement or commercial
speech was also a part of the freedom of speech and expression, which would be
restricted only within the limitation of Article 19(2). Supreme Court held that
advertising, which is no more than a commercial transaction, is nonetheless
dissemination of information regarding the product-advertised. Public at large are
benefited by the information made available through the advertisements. In a
democratic economy, free flow of commercial information is indispensable.

c. c. Right to Broadcast
The concept speech and expression has evolved with the progress of technology and
include all available means of expression and communication. This would include the
electronic and the broadcast media. In Odyssey Communications (P) Ltd .v.
Lokvidayan Sanghatana, the Supreme Court held that the right of a citizen to exhibit
films on the State channel Doordarshan is part of the fundamental right guaranteed
under Article 19(1)(a).

d. Right to information
The freedom of 'speech and expression' comprises not only the right to express,
publish and propagate information, it circulation but also to receive information. This
was held by the Supreme Court in a series of judgements which have discussed the
right to information in varied contexts from advertisements enabling the citizens to
get vital information about life-saving drugs, to the right of sports lovers to watch
cricket and the right of voters to know the antecedents of electoral candidates.

The Supreme Court observed in Union of India v. Assn. for Democratic Reforms,
"One-sided information, disinformation, misinformation and non-information, all
equally create an uninformed citizenry which makes democracy a farce. Freedom of
speech and expression includes right to impart and receive information which
includes freedom to hold opinions"

e. Right to criticize- In S. Rangarajan v.P. Jagjivan Ram, everyone has a fundamental

right to form his opinion on any issues of general concern. Open criticism of
government policies and operations is not a ground for restricting expression.
Intolerance is as much dangerous to democracy as to the person himself. In
democracy, it is not necessary that everyone should sing the same song.
f. Right not to speak or Right to silence is also included in the Right to speech and
expression.
In the case of Bijoe Emmanuel v. State of Kerala, three students were expelled from
the school for refusal to sing the national anthem. However, the children stood up in
respect when the national anthem was playing. The validity of the expulsion of the
students was challenged before the Kerala High Court and they upheld the expulsion
of the students on the ground that it was their fundamental duty to sing the national
anthem. However, on an appeal being filed against the order of the Kerala High Court
before the Supreme Court, it was held by the Supreme Court that the students did not
commit any offence.

REASONABLE RESTRICTIONS

Clause (2) of Article 19 of the Indian constitution imposes certain restrictions on free
speech under following heads:
I. security of the State,
II. friendly relations with foreign States
III. public order,
IV. decency and morality,
V. contempt of court,
VI. defamation,
VII. incitement to an offence, and
VIII. sovereignty and integrity of India.

Security of the State:

Reasonable restrictions can be imposed on the freedom of speech and expression, in
the interest of the security of the State. The term security of state has to be
distinguished from public order. For security of state refers to serious and aggravated
forms of public disorder, example rebellion, waging war against the state [entire state
or part of the state], insurrection etc Peopleâ Union for Civil Liberties (PUCL) v.
Union of India.

In the case of Peoples Union for Civil Liberty versus Union of India a public interest
litigation (PIL) was filed under Article 32of the Indian Constitution by PUCL, against
the frequent cases of telephone tapping. The validity of Section 5(2)of The Indian
Telegraph Act, 1885 was challenged. It was observed that occurrence of public
emergency and in the interest of public safety is the sine qua non for the application of
the provisions of Section 5(2). If any of these two conditions are not present, the
government has no right to exercise its power under the said section. Telephone
tapping, therefore, violates Article 19(1) (a) unless it comes within the grounds of
reasonable restrictions under Article 19(2).
Friendly relations with foreign States:
This ground was added by the Constitution (First Amendment) Act of 1951. The State
can impose reasonable restrictions on the freedom of speech and expression, if it
hampers the friendly relations of India with other State or States.

Public order:
This ground was added by the Constitution (First Amendment) Act, 1951 in order to
meet the situation arising from the Supreme Court's decision in Romesh Thapar case
(AIR 1950 SC 124). As per honble Supreme court, public order is different from law
and order and security of state [Kishori Mohan v. State of West Bengal]. The
expression 'public order' connotes the sense of public peace, safety and tranquillity.
Anything that disturbs public peace disturbs public order [Om Prakash v. Emperor,
AIR 1948 Nag, 199].But mere criticism of the government does not necessarily
disturb public order.A law, which punishes the deliberate utterances hurting the
religious feelings of any class has been held to be valid and reasonable restriction
aimed to maintaining the public order.

Decency and morality section 292 to 294 of the Indian Penal Code provide instances
of restrictions on the freedom of speech and expression on the grounds of decency and
morality, it prohibits the sale or distribution or exhibition of obscene words. The
standard of morality changes with changing times. Supreme Court in RanjitD. Udeshi
v. State of Maharashtra (AIR 1965 SC 881)upheld the conviction of a book seller
who was prosecuted under Section 292, I.P.C., for selling and keeping the bookLady
Chatterley's Lover.

Contempt of court:
The constitutional right to freedom of speech would not allow a person to contempt
the courts. The expression Contempt of Court has been defined Section 2 of the
Contempt of Courts Act, 1971. The term contempt of court refers to civil contempt or
criminal contempt under the Act.

In E.M.S. Namboodripad v. T.N. Nambiar the Supreme Court confirmed the decision
of the High Court, holding Mr. Namboodripad guilty of contempt of court. In M.R.
Parashar v. Farooq Abdullah(1984) 2 SCC 343; AIR 1984 SC 615),contempt
proceedings were initiated against the Chief Minister of Jammu and Kashmir. But the
Court dismissed the petition for want of proof.

Defamation:
The clause (2) of Article 19 prevents any person from making any statement that
defames the reputation of another. Defamation is a crime in India inserted into Section
499 and 500 of the I.P.C. Right to free speech is not absolute. It does not mean
freedom to hurt another reputation which is protected under Article 21 of the
constitution. Although truth is considered a defence against defamation, but the
defence would help only if the statement was made ˜for the public good. And that is a
question of fact to be assessed by the judiciary.

Incitement to an offense: This ground was also added by the Constitution (First
Amendment) Act, 1951. The Constitution also prohibits a person from making any
statement that incites people to commit offense.

Sovereignty and integrity of India: This ground was added subsequently by the
Constitution (Sixteenth Amendment) Act, 1963. This is aimed to prohibit anyone
from making the statements that challenge the integrity and sovereignty of India.

FREEDOM OF PRESS AND RESTRICTIONS-

A Free press stands as one of the great interpreters between the Government and the
people. The prime purpose of the free press guarantee is regarded as creating a fourth
institution outside the government as an additional check on the three official
branches. Hence, the expression ‘Freedom of press’ means the right to print and
publish without any interference from the state or any other public authority. But this,
Freedom, like other freedoms, cannot be absolute but is subject to well-known
exceptions acknowledge in the public interests, which in India are enumerate in
Article. 19 of the constitution.

It is the primary function of the press to provide comprehensive and object

information on all aspects of the country’s social, economic and political life. The
press serves as a powerful solution of power by government officials and as a mean
for keeping the elected officials responsible to the people whom they were elected to
serve.

The Indian Press has a long history right from the times of British rule in the country.
The British Government enacted a number of legislations to control the press, like the
Indian Press Act, 1910. In the Post-Constitutional Era, there is a change in the
outlook. The Constitution of India in Article 19(1) (a) lays down that “All citizens
shall have the right, to freedom of speech & expression. There is no specific provision
ensuring freedom of press as such.

On the importance of maintaining freedom of press in a democratic society. The press

seeks to advance public interest by publishing facts and opinions without which a
independent voters cannot make responsible judgments. Articles and News are
published in the press from time to time to expose the weakness of the government.
This leads At times to the suppression of the freedom of the press by the government.
Romesh Thappar v. State of Madras was amongst the earliest cases to be decided by
the Supreme Court declaring freedom of press as a part of freedom of speech and
expression. Freedom of Speech and of Press lay at the foundation of all democratic
organizations, for without free political discussion, no public education, so essential
for the proper functioning of the process of Government, is possible.
In Indian Express Newspapers v/s Union of India, it has been held that the press
plays a very significant role in the democratic machinery. The courts have duty to
uphold the freedom of press and invalidate all laws and administrative actions that
abridge that freedom.

In Sakal Papers v/s Union of India, the Daily Newspapers (Price and Page) Order,
1960, which fixed the number of pages and size which a newspaper could publish at a
price was held to be violative of freedom of press and not a reasonable restriction
under the Article 19(2).

Restrictions on Freedom of Press in India-

The freedom of press comes within the ambit of freedom of speech & expression. In a
democracy, freedom of press is highly essential as it (the press) acts as a watchdog on
the three organs of a democracy viz. the legislature, the executive & the judiciary.
But, the freedom of press is not absolute in nature. It is subject to certain restrictions
which are mentioned in Article 19(2) of the Constitution. The following are the
grounds of restrictions laid down in Article 19(2) :-

1) Sovereignty & Integrity of India

2) Security of the State
3) Friendly relations with Foreign States
4) Public Order
5) Decency or Morality
6) Contempt of Court

MASS MEDIA – TYPES, THEORIES-

Mass media refers to media technologies used to disseminate information to a wide

audience. The messages are communicated through television, movies, advertising,
radio, the internet, magazines, and newspapers. Mass Media simply means technology
that is intended to reach out to the target audience, It refers to means of
communication to reach the target audience. There is an evolution of the way mass
media has been used from Pictorial representation at an early age, Newspaper, and
Magazines to videos, and high tech media which involves the Internet and Computers.
It is a source of information, entertainment, advertisement, and marketing to everyone
across the world.

Types of Mass Media-

Print media- It can range from billboards to coupons and is one of the easiest and
oldest ways to reach the masses. Originally, print media refers to newspapers which
were the main sources of information. Further, this type of media expanded to
journals, books, and magazines.
Broadcasting media- With the help of an electronic broadcasting medium, audio and
video content is distributed to a dispersed audience. Television, radio, video, and
games appeal to heterogeneous audiences, people who differ in age, background,
views, goals, and interests.

New Media- With speed and higher digital technology, the Internet has taken over all
mediums of communications. Digital media is a two-way communication as users
being active producers of content and consumers of content and information.

Digital or new media can be text, audio, graphics, and video. This media is
increasingly getting popular medium of exchange of information due to ease of
accessibility with a computer and Internet Connection.

Digital Media forms are:

Emails, Websites, Social Media and Networking, Blogging and Vlogging, E-forums
and E-books.

Theories-
Authoritarian Theory- According to this theory, mass media, though not under the
direct control of the State, had to follow its bidding. The theory promoted zealous
obedience to a hierarchical superior and reliance on threat and punishment to those
who did not follow the censorship rules or did not respect authority. Censorship of the
press was justified on the ground that the State always took precedence over the
individual's right to freedom of expression.

Libertarianism or Free Press Theory- This movement is based on the right of an

individual, and advocates absence of restraint. Libertarian theory sees people are more
enough to find and judge good ideas from bad. The theory says people are rational
and their rational thoughts lead them to find out what are good and bad. The press
should not restrict anything even a negative content may give knowledge and can
make better decision whilst worst situation.

Social Responsibility Theory: Social responsibility theory allows free press without
any censorship but at the same time the content of the press should be discussed in
public panel and media should accept any obligation from public interference or
professional self regulations or both. The theory lies between both authoritarian
theory and libertarian theory because it gives total media freedom in one hand but the
external controls in other hand.

Soviet Media Theory: Soviet media theory is imitative of Leninist principles which
based on the Carl Marx and Engel’s ideology. The government undertake or controls
the total media and communication to serve working classes and their interest.
Theory says the state have absolute power to control any media for the benefits of
people. They put end to the private ownership of the press and other media.

RIGHT TO CIRCULATION-
Freedom to circulate extends not merely to the matter which the press is entitled to
circulate but also the volume of circulation [11]. In short its both quantitative and
qualitative [12].Our constitution guarantees freedom of thought and expression , the
only limas being imposed is under Art 19(2).Every newspaper posses the right to
publish anything it likes , unfettered either by prior restraint or subsequent
punishment in any form . The freedom of the press is hampered if the editorial policy
of a newspaper is controlled or influenced either by the State or by private persons.
The freedom of a newspaper or other publication , from the aspect of volume of
circulation , means that it is entitled to propagate its ideas and views and reach any
class and number of readers as it chooses , subject, of course , to constitutionally
permissible restrictions and to print and publish any number of pages it chooses. This
freedom would be undermined by any excessive burden imposed on the press which
narrows its scope of dissemination of information / renders it so uneconomical as to
ultimately compel it to seek Government aid , which would obviously destroy its
freedom .
In Bennet Colemanns case , the newsprint policy of the government was struck down
on this ground :

“The newsprint policy which permits newspapers to increase circulation by reducing

the no of pages , page area and periodicity by reducing circulation . these restrictions
constrict newspapers in adjusting their page no and circulation”.
Ramesh Thappar v. State of Madras the question was the scope of the freedom of
circulation under Article 19 (1) (a) of the Constitution. The government of Madras
banned 'the entry and circulation of an English weekly, 'Cross roads', published from
Bombay into the city of Madras. The Madras Maintenance of Public Order Act, 1949,
permitted the State to prohibit the entry into or circulation of any document or classes
of document within the state or any part of it. The petitioner contended that this
provision contravened Article 19 (1) (a) of the Constitution and was hence void.
Virendra v. State of Punjab the Constitutional validity of Section 3 of the Punjab
Special Powers (press) Act 1956 was raised. Section 3 (1) authorized the government
to prohibit the entry of a newspaper, leaflet or any publication if it contains matters
likely to affect or prejudice maintenance of communal harmony or public order. the
section was held to be unreasonable and unconstitutional.

BROADCASTING AND REGULATIONS-

Every citizen has right to broadcast his article, book, painting and own views through
various broadcasting media like T.V. channels, FM radio, news papers, magazine,
mobile networks etc. This right is also regulated by Supreme Court through its various
decisions also has extend the scope of freedom of speech and expression. Their use
must be controlled and regulated by public authority in public interest to prevent the
invasion of this right.

Broadcasting services in India are provided by Cable TV, DTH Services, Terrestrial
services (Doordarshan), Internet Protocol Television (IPTV), Radio (FM, AM,
Community Radio). Key features of broadcasting regulations are that they provide
signals on a non-discriminate basis to distributors, carry provisions for national and
regional languages. In the recent past, there has been an estimation of the growth of
the Indian broadcasting and cable TV market to undergo a robust rate of growth
during the forecast period. There has been an increasing demand for television sets
especially in the rural parts of the country is one of the key factors supporting the
growth of this market.

System Of Broadcasting Regulations In India- All executive and legislative power

over posts, telegraph, telephones, wireless, broadcasting and other forms of
communication vests with the union.
Indian telegraphic Act – Principal pillar for regulation of communications and
broadcast.
This Act is not confined to the concept of telegraph but all other modern
communication devices.
Sec 4 of the Act states that the Central government has exclusive privilege of
establishing, maintaining and working telegraphs within India.

Major Laws And Regulations- Cable Television Networks (Regulation) Act, 1995
as amended, Telecom Regulatory Authority of India Act, Prasar Bharti (Broadcasting
Corporation of India) Act 1990 as amended.
Sports Broadcasting Signal) Act. 2007.
The Telegraph Act. 1885.

A complex web of actors regulates the broadcast ecosystem in India, including the
MIB, TRAI the Telecommunications Regulatory Authority of India, and self-
regulatory bodies such as the Broadcasting Content Complaints Council and the News
Broadcasting Standards Authority. The Telegraph Act 1885 and the Indian Wireless
Telegraphy Act of 1933 require broadcasters and distributors to register their service.

Since 2004 the broadcast sector has been regulated by TRAI. The central government
expanded the Authority’s powers in 2011 through an amendment to the CTN Act,
which together with a 2004 notification from the erstwhile Union Ministry of
Communications and Information Technology empowers TRAI to regulate tariffs,
including the MRP of channels, the terms of interconnection between broadcasters
and distributors, and standards for quality of service at the consumer end.
CENSORSHIP OF PRESS-
Censorship is an act of suppression of speech or writing perceived to be detrimental to
the public good. Basically, in order to maintain peace among the general public, it
hampers the affluence of information and ideas, so the content of such information or
ideas does not contravene public sentiments. ‘Censere’ is the latin word from which
the word ‘censorship’ has been derived. There were many Acts enacted during the
rule of the British empire over the Indian press as strict bollards. The press was
ferociously and actively engaged in trying to rally the masses before the rumors
swirling of the 1857 rebellion, and invariably, the British government became
extremely anxious more about press freedom.

Laws governing censorship of the press in India

Laws must amend or repealed to reconcile it towards international norms and the
treaty obligations of India. These laws were misused, in many cases, in violation of
decisions or advisories from the Supreme Court that clarified their reach. The
Supreme Court, for instance, held in 1962 that speech or behavior only constitutes
sedition if it invokes or appears to cause disorder or violence. Yet, even though the
requirement is not met, different state governments continue to threaten individuals
with sedition.

The sedition law- The law on sedition, Section 124A of the Indian Penal Code (IPC),
provides for maximum penalty of life in gaol. It forbids any signs, visual
representations, or phrases, whether written or spoken, that may make the government
to “hate or despise, or excite or try to energise disillusionment”.
This terminology is ambiguous and vague and breaches the obligations of India under
international law, which forbids limitations on freedom of speech for purposes of
national security unless they have been specifically construed and appropriate and
proportionate to deal with a valid threat.
Criminal defamation - Criminal defamation, under the Indian Penal Code, 1860, is
specified in Section 499. It states that whoever makes or publishes any intimation
towards any person seeking to injure, or knowingly, or having cause to believe that
certain intimation would harm the image of that person, by words whether spoken or
meant to be read or by symbols, or by noticeable representations, is said to malign
(defame) that person, except in the cases anticipated below.
The right to free speech is a basic guaranteed right by our Constitution, but that right
is not unconditional, and that right is limited. The defamation offense is a type of that
restraint on the basic right. For any other individual, a person does not talk or publish
any offensive remarks.
Section 66A of the Information Technology Act, 2000- Social media regulatory
regulations, such as the Information Technology Act of India, can and can quickly
become instruments to criminalize speech, mostly to protect influential political
figures. Section 66A of that act, which criminalizes a wide spectrum of speech, has
been frequently used to detain and censor material for those who criticize the
authorities.
Section 69A of IT ACT, 2000: website blocking- Section 69A of the IT Act
authorizes the blocking of material on the web ‘in the interests of India ‘s sovereignty
and dignity, the protection of India, the security of the nation, friendly ties with
foreign countries or social stability’ or the prevention of inciting hatred to commit
offences which threaten those concerns.

Indian Express Newspaper Private Ltd. v. Union Of India

In this case, the Supreme Court made it very clear that “No limits on freedom of
speech and expression apart from those alluded to in Article 19(2) could have been
enforced, so there can be no intervention with this kind of freedom within the context
of the interest of the public. It needs to be taken seriously that censorship in the
present era is an anachronism.

IMPACT OF FILMS AS VISUAL MEDIA-

Mass media today make peoples mind more stereotype and ideological. They do not
let people have their own perception about the world rather they make public perceive
what they think. For example the transgender. Media’s portrayal of transgender has
always been comical, tragic or untouchables due to which the society also disagrees to
accept them as a part of them. This concept is called as the agenda setting. Media
creates an agenda and puts its straight into the public’s head and does not allow them
to rethink over any of the information provided by it.
The motion picture today is the greatest medium of expression the world has ever
known. [It is] capable of giving life and form to all ideas, practical and emotional.
Film is a reflection of society for both the present and the past. Film and its
innovation sometimes have to catch up to society but sometimes it leads the society
and culture too. Today’s generation films have handled a lot of controversial topic has
a main plot in this movies. Topics such as religion, terror attacks, transgender,
homosexuality, child labor, poverty etc. Movies have actually brought to the world an
idea about all the above through their stories and concepts. But at the same time they
idealize or generalize few things for the profit sake and public believes it and it finally
becomes a stereotype process.

CENSORSHIP OF FILMS-
The term'censorship'comes from the Latin'censere'meaningto give one's opinion, or to
assess. In ancient Rome the censors, two Roman magistrates, conducted the census
and regulated the manners and morals of the citizens.
Censorship is a reasonable restriction imposed by the competent authorities on the
general public for a reasonable suppression on the right to freedom of speech and
expression. The restrictions provided under Article 19(2) of the Constitution are
factors on which censorship can be placed on the free expression of opinions,
thoughts or ideas.
Films are considered as a great medium of communication with the people. With the
development and progress of the society and also with the progress in the field of
science and technology the films have undergone a sea change and by adopting all the
available technologies have been able to reach the masses and also significantly
contributed to the social and cultural development of the country. In this way the
films are equated with the Press as Press is also considered as a great medium of
communication. Both the films and the Press enjoy the same status and right so far as
constitutional freedom relating to expression of ideas and spreading of ideas and
messages are concerned. As is known Article 19(1) (a) of the Constitution guarantees
freedom of speech and expression which is extended to the Press also. Therefore, both
these mediums are regulated under this provision of the Constitution. Simultaneously
as these freedoms are not absolute and subject to constitutional restrictions,

The practice of censoring movies to remove any objectionable material by the Censor
Board has been followed in India. It is to make the movie suitable for the target
audience. The viewership is based on the certificate issued to every movie prescribing
the audience that can watch the movie. Historically, controversial topics such as
communal disharmony showcased in the movies have led to the issue of censorship
by the Board.

Cinematograph Act, 1952 to see the films fulfill the norms prescribed by the law. The
Act provides for the establishment of a'Central Board of Film Certification', the
regulatory body for films in India to issue the certificate to the makers of the film for
public exhibition. As per the provision of the law, the Board after examining the film
or having it examined could:
(a) Sanction the film for unrestricted public exhibition;
(b) Sanction the film for public exhibition restricted to adults;
(c) Direct such excisions and modifications in the film before sanctioning the film to
any unrestricted public exhibition or for public exhibition restricted to adults; and
(d) Refuse to sanction the film for public exhibition.

K.A. Abbas v. Union of India- The first instance of doubts arising regarding the
censorship clause in India was in here. In the case, the Supreme Court evaluated the
practice of pre-censorship of a cinematograph in consonance with the fundamental
right to freedom of speech and expression. The facts of the case involved a petition in
the court regarding the ‘U’ certification for a film which was refused by the Board.
The interests of the investors were in question on the guidance as to the Constitutional
aspect of pre-censorship. The court observed that the censorship of films is a
constitutionally valid practice on the grounds mentioned in Article 19(2) of the
Constitution.
In S. Rangarajan v. P. Jagjivan Ram, a film was issued a ‘U’ certificate by the
Board until it was revoked by the Madras High Court and also banned the public
exhibition of that movie amid the protests against it. The film dealt with a very
sensitive topic of reservation policy in Tamil Nadu. The matter was heard by the
Supreme Court on an appeal where it was observed that a movie cannot be restricted
from the public exhibition on the threat of demonstrations or protests by the general
public.
Bobby Art International v. Om Pal Singh Hoon- This case is better known as the
Bandit Queen case. The Supreme Court while dealing with this case once again
upheld the freedom of speech and expression under Article 19(1) through
cinematograph. The court refused the restrictions on the exhibition of the film on
grounds of obscenity. The Supreme Court observed that a film cannot be restricted
simply because the content is obscene, indecent or immoral. The film must be judged
in its entirety from the point of overall impact.

ROLE OF MEDIA IN LAWMAKING \ DEMOCRACY-

Media usually refers to mass media, which is any medium that provides citizens with
information regarding all the current affairs of any area at a large scale. It is unbiased
reporting of facts through print, television, radio or Internet.

Traditionally and constitutionally, the media has no defined role in governance. It

doesn’t have the power to change any decisions made by the various arms of a state––
the legislature, executive and the judiciary. Yet, the media plays one of the most
important roles in the functioning of any society. It amplifies the voice of citizens and
communicates their opinions to the lawmakers.
Good governance is an indeterminate term used to describe how public institutions
conduct public affairs and manage public resources. Governance is the process of
decision making and the process by which decisions are implemented (or not
implemented)”.[8] Good governance is about the processes for making and
implementing decisions. Its not about making ‘correct’ decisions but about the best
possible process for making those decision. The concept of “good governance”
centres around the responsibility of governments and governing bodies to meet the
needs of the masses as opposed to select groups in society.

Access to information is essential for a democratic society because it ensures that

citizens make responsible, informed choices rather than acting out of ignorance or
misinformation and information also serves a checking function. It is well known that
media overlaps other functional areas of democracy and governance. For example,
support for media may yield results in governance activities, particularly those related
to decentralization, anti-corruption, and citizen participation in the policy process.
The rule of law may be further institutionalized by support for an independent media
that keeps a check on the judiciary, reports on the courts, and promotes a legal
enabling environment suitable for press freedom. Free and fair elections conducted
through transparent processes require a media sector which gives candidates equal
access, and reports the relevant issues in a timely, objective manner.
According to the first Press Commission in India freedom of the Press refers to hold
opinions, to receive and to impart information through the printed word without any
interference from any public authority. Thus it is the right of the citizen o publish
without any prior permission from the government or any other public authority,
subject only to the legal liability for what he has chosen to publish. Freedom of press
has three essential features; namely freedom of publication, freedom of access to all
sources of information and freedom of circulation. Press freedom, thus plays a vital
role in the formulation of public opinion on issues of public importance.
If media is to have any meaningful role in democracy and governance it must be free
and independent from the control of government. The ultimate goal of media is to
serve the public interest. The public interest is defined as representing a plurality of
voices both through a greater number of outlets and through the diversity of views and
voices reflected within one outlet.

Television and radio have made a significant achievement in educating rural illiterate
masses in making them aware of all the events in their language. Coverage of
exploitative malpractices of village heads and moneylenders has helped in taking
stringent actions against them by attracting government attention. The media also
exposes loopholes in the democratic system, which ultimately helps government in
filling the vacuums of loopholes and making a system more accountable, responsive
and citizen-friendly. A democracy without media is like a vehicle without wheels.