This document provides an overview of censorship laws around the world. It discusses the historical use of censorship dating back to ancient Greece and Rome. It then examines different types of censorship such as pre-publication censorship and self-censorship. The document analyzes approaches to censorship in China and the United States, noting that China tightly controls information flow while the US strongly protects free speech, though some new laws aim to restrict certain types of speech. The document aims to understand how countries can adopt a balanced approach to censorship that considers both liberty and order.

1. 1
Balancing Liberty and Order
A Case Study of Censorship Laws Around the World
Atishaya Gupta
Evelyn Andrew
Gauraansh Arora
Romeer Rao
Saaketha Nalamotu
Written for
Nyaaya
The authors are students of the Young Researchers for Social Impact (YRSI) Program conducted by Young Leaders for
Active Citizenship (YLAC). YRSI identifies promising high schoolers and builds their capacity as critical thinkers and
problem solvers to produce thought-provoking solutions to pressing issues that affect our societies today. This study was
undertaken as part of the 2023 edition of the program.
Disclaimer: The views expressed in this study are solely those of the authors and do not represent the views of YLAC
as an organization.

2. 2
CONTENTS
CONTENTS 2
1. Introduction 3
2. An Overview of the Censorship Landscape 3
2.1 Historical Trajectory of Censorship 3
2.2 Types of Censorship 5
2.3 Examining Censorship across the Spectrum 5
3. Different Lenses of Censorship 7
3.1 Law and Order 7
3.2 Censorship in the Digital Age 9
3.3 Impact on Art and Creativity 9
4. Evaluation and Recommendations 11
4.1 A Quick Glance at India’s Censorship Laws 11
4.2 Recommendations 12
5. Conclusion 13

3. 3
1. Introduction
A young girl’s grandparents’ profession was struggling due to climate change. She decides to try and make a change to
protect her family. She partners with a reputable foreign organization led by one of the world’s most-known activists:
Greta Thunberg. Launching the organization’s website in India, she was quick to grab the attention of various
individuals: activists, the common man, the government, and the police. While preparing for protests later on, a
constitutional right granted to every Indian, she was arrested.
She is none other than Disha Ravi, the climate change activist arrested for apparent sedition by the Delhi police. Her
arrest created shock waves both nationally and globally and received substantial condemnation. She proved her
innocence before the hammer and was granted bail. In addition to being arrested for trying to arrange a protest, a website
she had created in collaboration with the Fridays for the Future organisation, was seized by the Delhi police cyber cell.1
This is just one of many instances of unjust censorship globally, where instead of responding to dissent from the people,
they are silenced by their governing bodies. Censorship is garnering greater global attention than it did before, due to
governments becoming more sensitive to what information is available to the general public.2
By definition, censorship
is the conversion, silencing, or complete ban of writing or speech that is deemed subversive to a nation. Therefore,
delving into this subject becomes imperative to overcome potential breakdowns in information dissemination.
This paper aims to understand the evolution of censorship, by looking at various instances in history where it has
occurred. We would be looking at types of censorship, seeing how countries have adopted laws and experienced their
respective results. In addition, we will be analysing the impacts censorship has had across four different countries, to try
and establish specific recommendations for the Indian Government so it adopts a more balanced approach to censorship.
2. An Overview of the Censorship Landscape
2.1 Historical Trajectory of Censorship
The earliest form of censorship can be dated back to ancient Greece and Rome. In cities, certain gods had to be
worshipped, and those who rebelled would be subjected to hardships and legal trouble3
. Socrates was one of the many
citizens of Athens adversely affected by censorship laws in Greece. He was accused of corrupting minors, failing to
recognize the city’s gods, and introducing new gods. The jury in Greece ultimately charged him with death penalty, and
1
Hannah Ellis-Petersen, Disha Ravi: the climate activist who became the face of India's crackdown on dissent, https://shorturl.at/sxQX1
2
Varad Pande, The government must address concerns over privacy and secrecy of data, https://shorturl.at/uBISX
3
George Anastaplo, Censorship, https://www.britannica.com/topic/censorship

4. 4
he was executed in 399 B.C.E4
. This brings forth an example of censorship, where his teachings and the gods he
introduced were demeaned and rendered null and void. In the ancient period, censorship primarily revolved around
religious considerations as societies were deeply rooted in their belief systems. Adherence to religious norms was seen
as paramount for maintaining social order and harmony. Hence, even the slightest deviation from the established belief
system was subject to censorship.
Later, in the Enlightenment era, we observe the resurgence of censorship employed as a tool by religious authorities to
uphold their influence and power. Galileo Galilei; one of the world’s most prominent astronomists, mathematicians, and
scientists, had challenged a belief written in scriptures; and became a victim of this powerful tool. In 1615, he introduced
his idea of how the Earth revolves around the sun. Though his findings were well-researched, they were rejected by the
catholic church as they diverged from its teachings. He argued his case, sending letters to his student and the Duchess to
no avail. The church declared that such ideas would directly go against the holy scriptures in the Index of Prohibited
Books. A few years later, a new Pope, Urban VII, was elected. He was an admirer of Galileo. They discussed his ideas,
and finally published it as it was written in hypothetical terms. Even though it went through the church’s censors, it
deeply offended the pope, and Galileo was charged. After two months of trials, he lost. His dialogues were banned, and
he had to publicly humiliate himself by disavowing his theory5
.
However, as we shift to the modern era, it becomes evident that the character and application of censorship have
undergone significant changes. It is used by authorities as a large platform to eradicate any information that falls under
the umbrella of seditious expression. With today’s intricate global network fuelled by the widespread use of the internet,
unjust censorship can be held accountable and questioned. Hong Kong is a city that faced nearly a year of civil unrest
from 2019 to 2020, where universities were vandalized, and streets were filled with thousands of black-clad protesters.
However, China soon intervened and introduced the national security law. It criminalizes acts such as subversion and
secession for instance6
. Citizens convicted under this law may be extradited to China, where they face a possible life
sentence, unjust trials, and human right violations. As of March 2023, 248 people have been arrested under this law7
.
This directly went against what Britain had agreed to when they returned the city to China. This case serves as a salient
instance of censorship, as it exemplifies the citizens of Hong Kong being deprived of a cherished and assured right:
Freedom of Expression. It also highlights the use of censorship as a means of controlling narratives and consolidating
power.
These were just a few of the many instances where censorship has been used to suppress voices. Censorship has
continued to evolve, in its forms and applicability. At first, it was used to maintain the power of the church as a governing
body. But now, it is used to silence individuals, a direct transgression of our human rights as promised by the international
bill of human rights.
4
Richard Kraut, Socrates | Biography, Philosophy, Beliefs, & Facts, https://www.britannica.com/biography/Socrates
5
Howard Markel, How Galileo's groundbreaking works got banned, https://www.pbs.org/newshour/science/how-galileos-groundbreaking-works-got-
banned
6
Grace Tsoi, Hong Kong national security law: What is it and is it worrying?, https://www.bbc.com/news/world-asia-china-52765838
7
Lydia Wong, Tracking the Impact of Hong Kong’s National Security Law, https://www.chinafile.com/tracking-impact-of-hong-kongs-national-security-law

5. 5
2.2 Types of Censorship
Censorship is inherently nuanced, making its application subjective and contextual. But observing the patterns across
the globe, they can be put in three different buckets. While they may serve a similar purpose, they differ in their approach.
Pre-publication censorship is a form of censorship when the government reviews the content of artistic work to prevent
its publication8
. For instance, a film censorship board in any country must review artistic work before it hits theatres and
rate it to a particular band (e.g., A, U/A, U in India). For example, in 1970, a film named A Tale of Four Cities was
produced. It contained some shots of the red-light district in Mumbai (then Bombay). The team behind the film sought
a U rating, but due to the obscene shots, it was given an A rating. A case was filed in Supreme Court alleging this went
against articles in the Indian Constitution. However, the court found that pre-publication censorship is permitted under
the constitution, which ultimately led to the film getting its original rating (A)9
.
Another category is self-censorship, which involves holding back from sharing a thought or belief10
. This kind of
censorship is quite prevalent, often guided by social norms that aim to prevent hurting anyone's feelings. Moreover,
individuals also employ self-censorship as a shield against potential adverse reactions that might arise from their critiques
or opinions. An example of self-censorship is Russia11
. Many Russians opt to self-censor their online activities, public
statements, and conversations to avoid drawing attention from authorities or facing potential consequences. This self-
censorship is driven by a desire to protect personal safety and avoid repercussions in an environment where freedom of
expression is constrained. The act of self-censorship is also known as ‘chilling effect’, a tool that has come in handy to
most regimes across the globe to deter free speech.12
2.3 Examining Censorship across the Spectrum
Countries globally have taken different approaches to censorship. There are some which stand by censorship, actively
use it, and are often criticized at an international level. Others, which hold freedom of speech in a very high regard and
use censorship very cautiously but which in the past has led to instances of unrest. To examine the effects these
contrasting approaches have had on the societies they influence, we have selected two nations situated at opposite poles.
One is the authoritative communist system of China, while the other is a country often referred to as the "land of the
free": The United States of America.
8
Nyaaya, Right against Prior Censorship, https://nyaaya.org/legal-explainer/right-against-prior-censorship/#footnote_1_9923
9
M. Hidayatullah, K. A. Abbas vs The Union Of India & Anr on 24 September, 1970, https://indiankanoon.org/doc/1719619/?type=print
10
Definition of Self-Censorship, https://www.merriam-webster.com/dictionary/self-censorship#:~:text=%3A%20the%20act%20or%20action%20of
1
Censorship and Self-Censorship in Russia, https://www.wilsoncenter.org/event/censorship-and-self-censorship-russia
12
Chilling effect, https://www.merriam-webster.com/legal/chilling%20effect
13
Katherine Inglis, Postgraduate Course: Censorship, http://www.drps.ed.ac.uk/17-18/dpt/cxenli11195.htm

6. 6
China is notoriously known to deprive its citizens of human rights at an international level1120
. On paper, China's
constitution grants individuals the right to free speech and media. In theory, this permits criticism of the government.
However, in practice, such expressions could result in arrest on charges of sedition.1221
They even have a firewall, which
sensors sensitive information.13
In addition, certain foreign firms that produce search engines such as Google and Yahoo
are banned in the state, because they did not abide by the laws set by the regime. The only foreign search engine is
Microsoft’s Bing. Earlier this year, it was found that approximately 66,000 rules were programmed in Bing and China’s
other search engines, to limit results regarding searches that might be politically sensitive, in a study by a cybersecurity
group based out of the University of Toronto.14
This is just one of many policies the country uses to control the amount
of information available. Even certain Hollywood films, such as Doctor Strange in the Multiverse of Madness have been
banned in the country, due to there being references to spiritual movements the Chinese government banned.15
Furthermore, companies like Netflix decided not to operate in China due to their strict censorship rules.16
However,
China has a relatively low amount of ‘reported’ civil unrest due to citizens fearing violent crackdowns.17
In China, this
fear is often justified. Tiananmen Square is in the heart of Beijing. It was the site of large protests that lasted from the
spring to the early summer of 1989. On June 3rd of the same year, the government deployed 200,000 soldiers into the
city to shoot and killed all protesters at the location. This incident has made protest and any speech about the government
in China taboo. 18
China presents a complex balance between maintaining social order and safeguarding political
liberties. On one hand, incidents such as Tiananmen have undeniably left a chilling effect on freedom of expression in
the country. Chinese citizens, fearing potential repercussions, often choose to withhold criticism of the Government.
While this approach may have contributed to overall social stability and order, it comes at the expense of crucial political
liberties that are inherently entitled to every citizen. This is the situation observed in most authoritarian regimes.
Now, let's shift our focus to the United States, a nation often celebrated as one of the most liberal countries in the world,
with a reputation as a torchbearer for the right to freedom of expression.19
The first amendment in their constitution
explicitly states that all citizens have freedom of speech and expression. This cannot be undone by legislation passed by
Congress, with an exception for obscenity. This allows citizens to be vocal about their opinions towards national policy
through any medium, without there being a risk of apprehension. The government does not enforce many forms of
censorship, but platforms like Facebook and Google do so to ensure they are not misused, by censoring posts that go
against their community guidelines.20
This lack of censorship does hurt the United States' national security, with there
being calls for the storming of the capitol hill building on social media, a few days before it happened. Using certain
social media platforms, trespassers could communicate and coordinate the routes they would be taking to avoid police
officers stationed on the streets.21
However, the US is now actively increasing censorship. Art pieces, discussions around
1120
Amnesty International, Everything You Need to Know about Human Rights in China 2020, https://shorturl.at/pW024
1221
Beina Xu, Media Censorship in China, https://www.cfr.org/backgrounder/media-censorship-china
13
China's Great Firewall, https://cs.stanford.edu/people/eroberts/cs201/projects/2010-11/FreeExpressionVsSocialCohesion/china_policy.html
14
Steven Lee Myers, China’s Search Engines Have More Than 66,000 Rules Controlling Content, Report Says, https://shorturl.at/zHJ58
15
Ralph Jennings, Censorship of Hollywood Blockbuster Films Intensifies in China, https://shorturl.at/kBH78
16
Steven Millward, Tech in Asia - Connecting Asia's startup ecosystem, https://www.techinasia.com/netflix-china-nope
17
WSJ Staff, Rare Protests Exploded Across China Over Covid Controls, https://shorturl.at/aRVWX
18
Zichen TsuiZich, Tiananmen Square: What happened in the protests of 1989? https://www.youtube.com/watch?v=S3RzKKfNkTk
19
James Devitt, America More Liberal than 50 Years Ago—But Change Not Reflected in Its Politics, https://shorturl.at/ovDO4
20
US Censorship Policy, https://cs.stanford.edu/people/eroberts/cs201/projects/2010-11/FreeExpressionVsSocialCohesion/us_policy.html
21
Craig Timberg, Inside Facebook, Jan. 6 violence fueled anger, regret over missed warning signs, https://rb.gy/pvjgw

7. 7
abortion, were removed from an art exhibition in Idaho. In addition, legislators in Washington are also actively pushing
for there to be a hotline to report instances of offensively biased statements along with hate crimes.22
Ron DeSantis, the
governor of Florida, has been trying to pass a bill labelled Stop W.O.K.E (Wrongs to Our Kids and Employees), which
bans institutions in Florida from teaching anything that could cause anyone any psychological distress due to race,
religion, sex or nationality. 23
This has attracted wide protests, due to the legislation going against the first amendment
of the constitution.
This exemplifies why there is a need for a more balanced approach to censorship in the United States, to ensure that the
liberty and order of the nation is maintained. unchecked freedom can result in adverse consequences and unwise choices,
particularly in the era of widespread social media usage as illustrated by the events at Capitol Hill. However, it is
important to note that a heavy-handed censorship can also trigger extended protests and social turmoil, given the long-
standing tradition of free speech and individual expression cherished by American citizens. Striking the right balance is
crucial to navigate this conundrum.
3. Different Lenses of Censorship
The impacts of censorship as a policy can be analyzed through three major lenses, or applications: impacts on law and
order, creativity, and its future in a digital world. To synthesise the best practices for India, this section will compare
censorship laws in Canada, Norway and Saudi Arabia, three countries that take diametrically opposite approaches to
censorship, while having very similar outcomes in terms of national stability.
3.1 Law and Order
Censorship is an important, yet sensitive tool that can be used by governments or large platforms in the best interests of
its people or users. The severity of censorship in a country can be judged by its methods of maintaining law and order
and preventing the chaos that can follow due to misinformation. Governments that use censorship must ensure that they
minimize the censorship they carry out, and keep their actions transparent to the public, paired with sound reasoning. In
severe cases, governing authorities limit the expression of the public’s dissent, and censor what may be important
information. In other cases, there are no explanations offered for their actions, which can lead to mass confusion when
discovered. Hence, sufficient protocol must be kept in place to avoid crossing into unnecessary censorship and uphold
national security.
22
Rebecca Boone, Experts say attacks on free speech are rising across the U.S., https://rb.gy/u3566
23
Cas Muddle, What is behind Ron DeSantis’s Stop-Woke Act?, https://rb.gy/pzx5w

8. 8
In India, the constitution permits limiting freedom of expression in the interest of national security. However, this has
sometimes led to unnecessary censorship2433
. One of the ways this has been done is through internet shutdowns. India is
notorious for being the internet shutdown capital of the world, accounting for 58% of global internet shutdowns since
201625
. It has wielded shutdowns as a tool to control internal conflicts, with debatable benefits but clear negative
consequences.
The longest internet shutdown in Indian history happened in Kashmir in 2019, lasting 213 days26
. Kashmir is no stranger
to internet shutdowns, with at least 5 being recorded almost every year. This shutdown was enforced in the face of
protests and violence stemming from the revoking of Article 370, granting special status to Kashmir. It had a questionable
impact in reducing the violence in the region, with militant groups and other extremist actors finding ways to operate
and spread their message despite the internet speed being restricted to 2G even after the shutdown ended. Further, the
actions of the Indian government may have pushed more youths towards radicalization, since they were not given an
avenue to express their concerns, let alone have them resolved27
.
In this digital age, internet shutdowns also spell the end for many businesses and people’s livelihoods. Small, internet-
based businesses are the biggest losers. This is exactly what happened, and still happens, in Kashmir. Handicrafts
businesses that sell their crafts through platforms like WhatsApp cannot sell their wares, because transfer of photos and
videos is almost impossible because of the slow internet speeds28
. It also adversely affected internet startups. One such
startup was Gatoes, Kashmir’s first online food delivery platform. Every day the internet is shut down, they lose $1,000
on average. But it is an even bigger loss for the small cloud kitchens and restaurants that supply the Gatoes network.
With the internet down, their orders drop to almost zero, and many working-class citizens lose their source of income
for days or weeks together29
.
In addition, internet shutdowns also impact people’s mental health negatively. The inability to contact loved ones and
the isolation from others can lead to anxiety, stress and fear in people’s minds. This is a problem that impacts Indians
studying or working abroad when they are unable to contact their families in India because of an internet shutdown30
.
2433
The Constitution of India. https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2023/05/2023050195.pdf
25
Rosson, Z., Anthonio, F., & Tackett, C. (2023, February). Weapons of Control, Shields of Impunity, Internet Shutdowns in 2022. Accessnow.org.
https://www.accessnow.org/wp-content/uploads/2023/05/2022-KIO-Report-final.pdf
26
Maqbool, M. (2020, August 5). I’m a journalist who lived through Kashmir’s traumatic internet blackout, which started one year ago. Here’s what
it’s like to have your freedoms ripped away for 213 days. Business Insider. https://www.businessinsider.com/india-kashmir-internet-blackout-
anniversary-i-lived-through-it-2020-8?IR=T#:~:text=The%20internet%20shut%20down%20had%20lasted%20for%20213
27
Shah, K. (2020, August 22). How the world’s longest internet shutdown has failed to counter extremism in Kashmir. ORF.
https://www.orfonline.org/expert-speak/how-the-worlds-longest-internet-shutdown-has-failed-to-counter-extremism-in-kashmir/
28
Mihindukulasuriya, R. (2020, August 3). Internet shutdowns, pandemic have cost Kashmir Rs 40,000 cr, 5 lakh jobs, says industry head. The
Print. https://theprint.in/economy/internet-shutdowns-pandemic-have-cost-kashmir-rs-40000-cr-5-lakh-jobs-says-industry-
head/474028/#:~:text=New%20Delhi%3A%20Sheikh%20Ashiq%20Ahmad%2C%20president%20of%20the,five%20lakh%20people%20across%20
sectors%20are%20now%20jobless.
29
Bakhsh, Z., & Naqash, R. (2022, April 26). How internet blackouts have devastated Kashmir’s economy. Rest of World.
https://restofworld.org/2022/blackouts-kashmir-digital-economy/
30
Singh, S. (2020, March 5). Internet Shutdowns in India: Attacking People’s Minds | CMDS. Cmds.ceu.edu. https://cmds.ceu.edu/article/2020-03-
05/internet-shutdowns-india-attacking-peoples-minds

9. 9
3.2 Censorship in the Digital Age
With the advancement of technology, we have found ourselves more reliant on the internet as a vital source of
information, making the current era we live in the “Digital Age”. However, this has also led to the mass spread of
misinformation and hate speech, which could at the very least cause fear and chaos in the targeted communities, and at
most create irreversible damage. One of the main ways in which this is curbed online is through the implementation of
community guidelines.
Community guidelines are rules set on social media platforms that must be followed by the users of the sites. To maintain
the integrity and respect of online communities, clear rules must be defined. The guidelines on social media can curb
misinformation and limit the spread of manipulated footage and narratives made to stir instability amongst the public, as
well as prevent the defilement of reputations caused by fake news.
An example of this is the spread of fake news during the Covid-19 pandemic, with many conspiracy theories and false
claims surrounding the virus, creating an ‘infodemic’.31
This had caused distrust in medical institutions about the Covid-
19 vaccine and its effects. Despite the many efforts made by various social platforms, this misinformation movement
continued to gain traction and influenced people’s decisions to take the vaccine.
With the sophistication of technology, social platforms must also ensure that they block deep fakes and verify if posted
media is manipulated to prevent misinformation warfare. In May 2018, a deep fake video featuring Donald Trump
advising the Belgian government on climate change had gone viral, with hundreds of users expressing anger.32
It was
later found that the creators had no intention of creating discord, but rather to draw attention to the issue of climate
change. While this situation was serious, deepfakes can be further weaponized to create real-world harm, but they are
quite important in the arts. Censoring all deepfakes can result in the limitation of the freedom of expression and creativity
of the creators, as new art styles and statements can be made by artists using such technology. An easy way to ensure
that deepfakes can be recognized is by having artists add an explicit tag or a warning, especially if real people are used
in these creations. While this may infringe upon artistic statements, it is necessary to produce a net positive effect in the
use of such technology.
3.3 Impact on Art and Creativity
Another lens through which the impact of censorship can be examined is its effect on arts and creativity. While it can be
argued that censorship may be necessary to prevent obscene images or inappropriate messages from being displayed to
the public, it would be a better approach to simply ensure that it is available to mature audiences; however, this raises
the dilemma of which content can be classified as “inappropriate” for certain audiences.
31
Tiffany Hsu, As Covid-19 Continues to Spread, So Does Misinformation About It, https://www.nytimes.com/2022/12/28/technology/covid-
misinformation-online.html
32
Oscar Schwartz, You thought fake news was bad? Deep fakes are where truth goes to die,
https://www.theguardian.com/technology/2018/nov/12/deep-fakes-fake-news-truth

10. 10
Censorship can negatively impact creativity and the artistic industry in many ways. One such is when creators self-
censor their work, either to ensure that it is not otherwise censored by the government or to prevent further punishment
and controversy. Self-censorship in these cases can limit the topics and discussions of art. An example is the censorship
of the mural “Guernica” by Pablo Picasso, which brings attention to the horrors of war and the threats of fascism. A
reproduction of “Guernica” was made as a tapestry, and was hung outside the United Nations Security Council, but it
was covered with a curtain. This was to avoid having the anti-war piece displayed during US press conferences of the
invasion of Iraq.33
However, some pieces of art are censored to avoid insulting communities of people. The book, “Adventures of
Huckleberry Finn” was censored in the United States due to the use of racial slurs throughout the book, and so newer
editions of the book replace the offensive terms using other words. Censorship in art can drive it away from its main
purpose though, and without public discourse and arguments around these pieces, it can inhibit society from progressing
and resolving current issues. Therefore, censorship of art may cause a “snowball effect”, where if one piece of art is
censored or destroyed, it could lead to more pieces meeting the same fate. This can create an environment where free
speech and expression are denied, thereby hindering social progress and improvement.
Film certification is another avenue for pre-publication censorship, which can stifle creative expression. Films in India,
like almost every major country, are subject to review before certification for release. This is a practice done to determine
the age-appropriate audience to view a film. On its own, this is an acceptable practice, but the way the CBFC, India’s
certification board, has done it in the past has been distressing. The film board has the right to recommend filmmakers
to make cuts to their work and also to restrict the release of films if they are ‘indecent’ or ‘immoral.’34
The vague nature
of these terms has given the board undue power over filmmakers’ content, and the right to impose their moral code on
films. For example, the Bollywood film ‘Udta Punjab’ was ordered 94 cuts, on the count of it having strong language,
violence, and drug consumption.35
Moreover, the film was ordered to remove any reference to Punjab in the title or the
movie because it would damage the state’s reputation and discourage tourism.36
While this was eventually reversed by court order and the film was allowed to be released, the culture of censorship and
belief that the board could just stop the release of a movie for the aforementioned reasons is harmful to freedom of
expression as a whole.
33
Action for Freedom, Pablo Picasso’s “Guernica” Censored at U.N. Censorship in America,
https://censorshipinamerica.wordpress.com/2010/10/25/pablo-picassos-guernica-censored-at-u-n/
34
Salian, P. (2016, October 19). Udta Punjab: The film that challenged Indian censorship norms. The National.
https://www.thenationalnews.com/arts/udta-punjab-the-film-that-challenged-indian-censorship-norms-1.179726
35
Salian, P. (2016, October 19). Udta Punjab: The film that challenged Indian censorship norms. The National.
https://www.thenationalnews.com/arts/udta-punjab-the-film-that-challenged-indian-censorship-norms-1.179726
36
Correspondent, S. (2016, June 6). Remove references to Punjab, CBFC tells “Udta Punjab” makers. The Hindu.
https://www.thehindu.com/entertainment/Remove-references-to-Punjab-CBFC-tells-Udta-Punjab-makers/article14388299.ece

11. 11
4. Evaluation and Recommendations
4.1 A Quick Glance at India’s Censorship Laws
Article 19 (1) (a) of the Indian constitution guarantees citizens the right to free speech and expression. However, article
19 (2) also states that “reasonable restrictions” can be placed to protect the sovereignty and integrity of India, the security
of the state, friendly relations with foreign states, public order, decency or morality, or concerning contempt of court,
defamation, or incitement to an offence.37
The allowance of these “reasonable restrictions” serves as the legal
justification for censorship laws implemented in India. The vagueness of what these “reasonable restrictions” include is
the reason for a dispute over censorship laws.
Further, India’s actual laws relating to hate speech and censorship are also very vague in nature. This can be seen through
two separate laws. First, the Indian Penal Code chapter XV.38
This chapter of the IPC covers offenses relating to religion.
However, laws in this chapter are often vaguely defined. Take, for example, section 29839
- deliberately wounding the
religious feelings of any person. Here, the words “wounding” and “religious feelings” are not clearly defined, resulting
in many frivolous or questionable cases being filed. A case was filed under this section against the producers of the
movie Pathaan because the female lead, Deepika Padukone, was wearing a saffron bikini in a song.40
Many critics argued
that this was politically motivated as the saffron color is associated with the BJP party and Hindutva ideology.
Another example is the Unlawful Activities Prevention Act (UAPA).41
Introduced to combat certain unlawful and
terrorist activities, it has morphed into a tool which governments have used to control certain dissidents. One of the most
chilling parts of the act is that it allows the accused to be held in jail for 180 days without a chargesheet. Similar to the
IPC chapter, it is not clear what “unlawful activities” meet the threshold for such custody. The Bhima Koregaon case
was a standout example of this.42
In this instance, 15 indigenous and Dalit rights activists were arrested under this Act
for allegedly “instigating Dalits” and having ties to Maoist groups. Worse so, one of the accused, Varavara Rao, an 82-
year-old suffering from medical issues, was even denied proper medical treatment. Such instances of laws being used
against people like Varavara Rao can contribute to increasing the chilling effect in India, scaring people into silence and
discouraging anti-government speech.
37
The Constitution of India. https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2023/05/2023050195.pdf
38
Indian Penal Code, 1860. (1860). India Code, https://www.indiacode.nic.in/handle/123456789/2263?locale=en
39
Indian Penal Code: Section 298, India Code, Retrieved July 27, 2023, https://www.indiacode.nic.in/show-
data?actid=AC_CEN_5_23_00037_186045_1523266765688§ionId=46061&sectionno=298&orderno=334
40
Complaint Against Shah Rukh Khan and Deepika Padukone For “Hurting Religious Sentiments” | Pathaan. (2022, December 16). TimesNow.
https://www.timesnownews.com/videos/times-now/india/complaint-against-shah-rukh-khan-and-deepika-padukone-for-hurting-religious-sentiments-
pathaan-video-96267726
41
The Unlawful Activities (Prevention) Act, 1967. (1967). https://www.mha.gov.in/sites/default/files/A1967-37_0.pdf
42
Jain, A. (2021, December 20). What is the Bhima Koregaon Case? Law Insider India. https://www.lawinsider.in/columns/what-is-the-bhima-
koregaon-case

12. 12
4.2 Recommendations
The combination of an unclear constitutional definition of freedom of expression and vague definitions of hate speech
is a recipe for government overreach as we have seen in various examples throughout this paper. Hence, to address these
concerns, government can consider the following recommendations.
Firstly, an amendment of the Penal Code and the Constitution can help eliminate any ambiguous language currently
present in hate speech laws and freedom of expression restrictions. This can be done through clearly defining what types
of words, comments, and actions are considered offensive speech and subject to restrictions. It is also crucial to distinctly
identify and classify protected categories, particularly those comprising marginalized groups. This will help extend
necessary legal protection to them, ensuring that these individuals or communities are shielded against hate speech and
discrimination. Taking the example of section 298 again from the Indian Penal Code, here are some questions that a
new, clearer law should answer:
● What are “religious feelings”? Are they just a belief in God(s) or do they include lifestyles (such as praying or
following a certain diet, for example) and other beliefs or behaviours as well?
● How does one “wound” these feelings? What is the standard, and how should it be applied? How does it differentiate
between genuine hatred and sarcasm/comedy?
● What are the redressal mechanisms for a person(s) who has had a frivolous case filed against them.
The Indian Government can look at the example of the Canadian Federal Criminal Code to answer these questions. The
Federal Criminal Code also has provisions against advocating genocide, incitement of hatred, promotion of hatred, and
promotion of antisemitism.43 44
The difference here is that Canadian laws clearly define hate propaganda (any writing
sign or visual representation advocating or promoting genocide, or communication of such content)45
and the groups that
are targeted by it (referred to as identifiable groups, which are defined as any section of the public defined by their race,
color, religion, ethnic origin, or sexual orientation)46
. Government must also consider modifying the UAPA legislation
by incorporating an ‘innocent until proven guilty’ clause to ensure that accused are not railroaded and have the
opportunity to defend themselves. Further, the provision for holding an accused for 180 days without a charge sheet
should be removed as it can be misused to turn people into political prisoners.
Implementing these measures can result in greater clarity among citizens of when and why censorship is needed. Also,
it will help to keep the government in check and ensure that they are punished for unnecessary censorship. Overall, it
will result in a more transparent system with checks and balances that ensure governments does not overstep while also
preserving law and order.
43
Branch, L. S. (2020, July 1). Consolidated federal laws of canada, Criminal Code. Laws-Lois.justice.gc.ca. https://laws-
lois.justice.gc.ca/eng/acts/c-46/section-318.html
44
Legislative Services Branch. (2019). Criminal Code. Justice.gc.ca. https://laws-lois.justice.gc.ca/eng/acts/C-46/section-319.html
45
Branch, L. S. (2021, August 27). Consolidated federal laws of canada, Criminal Code. Laws-Lois.justice.gc.ca. https://laws-
lois.justice.gc.ca/eng/acts/C-46/section-320.html
46
Branch, L. S. (2019, November 15). Consolidated federal laws of canada, An Act to amend the Canadian Human Rights Act and the Criminal
Code. Laws-Lois.justice.gc.ca. https://laws-lois.justice.gc.ca/eng/AnnualStatutes/2017_13/page-1.html

13. 13
5. Conclusion
In India, censorship is viewed as a necessity by governments and political parties across the political spectrum for various
reasons. Though certain kinds of censorship are necessary to keep a society functioning and have helped keep the peace,
Indian governments have often misused this instrument, whether intentionally or unintentionally. Overall, India has a lot
to work on in terms of its censorship policies, and its rank of 161 in the press freedom index47
and 112 in the human
freedom index48
are a testament to that. The Indian government does need to learn from the policies of countries like
Norway and Canada, which have managed to be stable while simultaneously having high levels of individual freedom.
If they do, other Indians aspiring to make a change, may not have to fear the consequences Disha Ravi did.
47
Reporters Without Borders. (2022). Index | RSF. Rsf.org. https://rsf.org/en/index
48
Vásquez, I., Mcmahon, F., Murphy, R., & Schneider, G. (2022). HUMAN FREEDOM INDEX 2022 A Global Measurement of Personal, Civil, and
Economic Freedom. https://www.fraserinstitute.org/sites/default/files/human-freedom-index-2022.pdf