Digital Content Censorship in India

Syllabus: GS2/Government Policy & Intervention

Context

• Censorship of digital content in India has sparked widespread debate, particularly with the rise of social media platforms, streaming services, and independent journalism.
  • The recent controversy surrounding the show ‘India’s Got Latent’ has reignited discussions about digital censorship. 

Understanding Digital Content Censorship

Digital content censorship refers to the control or suppression of online content by governments, organizations, or other entities. This includes:

• Blocking websites and apps
• Removal of social media content
• Regulation of OTT (Over-The-Top) streaming platforms
• Restrictions on digital news and journalism

Arguments for a Digital Censor Board

• Preventing Hate Speech & Misinformation – Unchecked fake news and inflammatory content can disrupt social harmony.
• Protecting Cultural Sensitivities – India’s diverse religious and cultural sentiments require safeguards.
• Regulating Online Harassment & Obscenity – Addresses concerns over explicit content, cyberbullying, and privacy violations.
• Ensuring Child Safety – Digital platforms expose minors to inappropriate content, necessitating age-based restrictions.

Legal Framework Governing Digital Censorship in India

• Right to Freedom of Speech (Article 19(1)(a)) – Subject to reasonable restrictions under Article 19(2) concerning decency, morality, and public order.
• Information Technology (IT) Act, 2000 – Section 69A grants the government power to block online content for security or public order concerns.
• Intermediary Guidelines & Digital Media Ethics Code, 2021 – Regulates social media, OTT platforms, and digital news media.
• Self-Regulation by OTT Platforms – Platforms like Netflix and Amazon Prime follow self-regulatory frameworks such as the Digital Publishers Content Grievances Council (DPCGC).
• Cinematograph Act, 1952 (Amendments for OTT Platforms) – Discussed amendments aim to bring streaming platforms under similar censorship regulations as films.
• Press & Registration of Periodicals Bill, 2023 – Seeks to regulate digital news platforms, ensuring editorial accountability.

Global Perspectives on Digital Censorship

• China: Enforces strict state censorship on digital content.
• European Union: Introduced the Digital Services Act, focusing on content moderation without excessive censorship.
• United States: Relies more on platform-driven self-regulation.

Challenges in Digital Censorship

• Balancing Freedom of Speech & Regulation – Over-regulation can suppress creativity, while under-regulation can spread harmful content.
• Transparency & Accountability – Content moderation and censorship decisions often lack clear guidelines, raising concerns about misuse.
• Jurisdictional Issues – Many digital platforms operate from outside India, making enforcement difficult.
• Technological Advancements – The rapid evolution of digital media complicates consistent and fair regulation.
• Ethical Concerns – The subjective nature of obscenity laws can lead to arbitrary censorship.

Supreme Court’s View on Digital Censorship

• The Apoorva Arora v. Govt. of NCT of Delhi (2024) case emphasized the need for objective criteria to determine obscenity, focusing on whether content arouses sexual or lustful thoughts rather than the perceived decency of language. However, subjective interpretation remains a challenge.

Way Forward: Balanced Regulation

• Strengthening Independent Regulatory Bodies – Ensuring that courts and neutral institutions review censorship decisions.
• Enhancing Transparency in Content Moderation – Digital platforms should publish periodic transparency reports on content takedowns.
• Encouraging Digital Literacy – Educating citizens to identify fake news rather than enforcing restrictive censorship.
• Public Consultation in Policymaking – Involving journalists, legal experts, and civil society in framing digital content regulations.

Conclusion

• A digital censor board poses a risk to free speech, creativity, and independent journalism. While curbing harmful content is necessary, any regulation must be balanced, transparent, and impartial to protect democracy and innovation. The internet should remain a space for open dialogue and expression, ensuring that censorship does not become a tool for political control or suppression of dissent.

Daily Mains Practice Question [Q] Considering the potential impact of a digital censor board on freedom of expression and democratic values, what are the arguments for and against implementing such a board, and how can governments balance the need for regulation with the protection of individual rights and freedoms?

Source: TH

Further Reading: Obscenity in Online Content