India, as a secular and multi-ethnic society, embraces diversity and inclusivity while promoting public discourse that respects the sentiments of its people. Censorship has served as a means to maintain state control while upholding the fundamental right to free expression. It involves the regulation or suppression of speech, media, and information, often justified in the name of national security, public morality, or social harmony. In India, the history of censorship is deeply rooted in its colonial past and has continued to evolve, shaping the nation’s media landscape and freedom of expression.

Censorship refers to the regulation or restriction of information, ideas, or artistic expressions considered offensive or objectionable. It controls the content accessible to the public, ensuring it aligns with widely accepted norms to maintain social order, harmony, and peace. The origins of censorship in India can be traced back to the colonial era when the British implemented strict controls over communication to reinforce their rule. Throughout British rule, the press faced strict censorship, regardless of whether newspapers were published by Indians or British nationals. One of the earliest instances of press suppression occurred in 1780 when the Bengal Gazette, India’s first recognized newspaper, criticized the wife of Governor General Warren Hastings. In response, the British authorities confiscated the press’s types, revoked its postal privileges, and jailed its publisher, James Hicky. Press restrictions intensified with various regulations, beginning with the 1799 law requiring preapproval of publications. The 1823 Press Ordinance introduced licensing requirements, and the 1857 “Gagging Act” further suppressed press freedom following the Indian Rebellion. The 1878 Vernacular Press Act specifically targeted anti-British sentiments in local-language newspapers, and despite efforts to suppress dissent, underground publications emerged during World War II, reporting on the independence struggle and British military activities. The primary goal of censorship during British rule was to suppress Indian public opinion and prevent their involvement in the freedom movement.

After gaining independence in 1947, India enshrined press freedom within the broader right to free speech, albeit with restrictions to protect national security and foreign relations. The Press (Objectionable Matters) Act of 1951 imposed security deposits and allowed the government to seize unauthorized publications.  During wartime, censorship was enforced to control information. The 1965 and 1971 wars with Pakistan saw press restrictions under the Defence of India Rules. The most severe press suppression occurred during Prime Minister Indira Gandhi’s Emergency (1975–1977), which involved power cuts to newspapers, arrests of journalists, and the expulsion of foreign correspondents. Many restrictions were lifted after Gandhi’s electoral defeat in 1977, allowing the press to resume its critical role in exposing government scandals. Even after the Emergency, press censorship persisted. Following Gandhi’s assassination in 1984, the government continued to exert economic and political pressure on newspapers through newsprint allocations and advertising controls.

Currently, India’s censorship framework is governed by a blend of constitutional provisions, legal statutes, and regulatory mechanisms. While Article 19(1)(a) of the Constitution guarantees the fundamental right to freedom of expression, certain laws set limitations on content. The Cinematograph Act of 1952 mandates that films must receive certification from the Central Board of Film Certification (CBFC) before public exhibition. The Information Technology Act of 2000 plays a crucial role in regulating objectionable content on social media, while the Cable Television Networks (Regulation) Act of 1995 establishes guidelines for content broadcasted by cable operators. Additionally, Article 19(2) of the Constitution defines the boundaries of permissible speech, ensuring that regulations align with public interest and security concerns. Regulatory authorities such as the Central Board of Film Certification (CBFC), the Ministry of Information and Broadcasting, and the Press Council of India play a crucial role in overseeing and enforcing censorship laws across various media platforms. While India has established censorship regulations for traditional broadcasting channels, there is currently no specific framework governing content on OTT platforms and YouTube.

Censorship laws have recently gained attention due to a Supreme Court order, while hearing a petition filed by a content creator and podcaster Ranveer Allahbadia, directing the central government to establish regulatory guidelines for vulgar and immortal content on YouTube. The court stressed that these guidelines should regulate content without imposing censorship. The issue gained significant attention following a controversial episode of a YouTube comedy show. The episode in question featured multiple influencers and comedians, whose remarks sparked widespread criticism. The Supreme Court labeled the content as immoral and inappropriate; emphasizing that abuse cannot be considered humor and highlighting the need for regulatory measures. Following the backlash, the central government issued a notice to YouTube, instructing the platform to take down the controversial episode in the interest of India’s sovereignty, defense, and public order. The videos were subsequently removed from the platform. This incident has reignited discussions on the need for stricter content moderation policies for digital platforms in India.

With the rapid expansion of social media, concerns over its regulation and censorship have intensified in India. Until recently, social media platforms operated without direct oversight from any government authority or specific legal framework. Currently, the Information Technology (IT) Act, 2000, governs social media usage, with key regulatory provisions outlined in Sections 67A, 67B, 67C, and 69A. To strengthen oversight, the IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 were introduced following amendments to the Allocation of Business Rules under the IT Act, 2000. These changes brought films, audiovisual content, news, current affairs, and digital platforms—including OTT services like Amazon Prime Video, Netflix, and Hotstar—under the jurisdiction of the Ministry of Information & Broadcasting (I&B), Government of India.  The IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 established stricter compliance requirements and grievance redressal mechanisms for social media platforms, OTT services, digital news outlets, and even messaging applications like WhatsApp and Viber.

A balanced approach to censorship is essential, emphasizing self-regulation by content creators to uphold broadcasting standards while safeguarding free speech, artistic freedom, and creative expression. Effective regulation plays a crucial role in protecting content creators’ rights, as excessive government-imposed censorship can lead to unwarranted interference. In today’s digital era, where smartphones and internet access are widespread, the ease of information dissemination places a greater responsibility on content creators and media organizations. They must ensure ethical and responsible publishing within a clearly defined legal framework. Instead of absolute government control, a proactive regulatory approach—incorporating timely guidelines, accountability measures, and oversight—helps uphold democratic values while promoting responsible content creation.