Can press freedom, which includes the screening of a movie, be restricted on the ground that it hurts the sentiments of some members in a community or that it distorts historical facts? Critically analyse.
Refer – The Indian Express
IAS Parliament 6 years
KEY POINTS
· A film or a drama or a novel or a book is a creation of art.
· An artist has his own freedom to express himself in a manner which is not prohibited in law.
· If there has to be any limitation, that has to be as per the prescription in law.
Constitutional safeguards
· Our Constitution guarantees the fundamental right of freedom of speech and expression.
· Like all fundamental rights, it is not absolute. It can be restricted inter alia on the grounds of decency, public order or defamation.
· However, the restriction imposed should not be excessive or arbitrary.
Precedents of Supreme Court
· In S. Rangarajan v/s P. Jagajivan Ram case, where the Supreme Court held that “freedom of expression cannot be suppressed on account of threat of demonstrations and processions and threat of violence.”
· In a case against the movie: An Insignificant Man, Supreme court reads that, freedom of speech and expression is sacrosanct and it should not be ordinarily interfered with.
Why it should not be restricted?
· To seek to ban or suspend the screening of a film certified by the censor board under the procedure established by law, goes against the fundamental right of freedom of speech and expression.
· It will be a threat to democratic dissent and artistic creativity, if a movie which is passed through severe restrictions and certified by CBFC, is banned on the grounds that, it contains material which will upset the sentiments of a particular community or distorts history.
Possible course of action
· Aggrieved sections of society can certainly approach the appropriate authorities (CBFC) or the courts to restrain exhibition of the movie after submitting cogent and credible evidence about alleged distortion of history.
· It is open to them to write and publish articles or even produce a documentary against the movie and urge people not to see it and boycott the cinema halls.
Conclusion
· No democratic society can allow unreasonable restrictions on the freedom of expression under cover of maintaining public order or safeguarding community interests.
· It is the argumentative citizen who makes democracy possible and stronger.
Santosh Pachkawade 6 years
No, according to artical 19 of COI, freedom of speech, association ,publication , it right of individual to publich but within legal framework.but as modern civilised society , we should listen them with tolerence but there is any thing wronge then we should take legal step
