Free Speech and its Discontents in India

[Excerpt] The irony of Subramanian Swamy’s newest challenge to India’s hate speech and blasphemy laws is lost on many of his supporters. The same laws were used to prosecute Wendy Doniger and harass Maqbool F. Hussain, as well as Shirin Dalvi and others who published images depicting the Prophet Muhammad.

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Free Speech Policy in India: Community, Custom, Censorship, and the Future of Internet Regulation

[Summary] Following the historic striking down of section 66A of the IT Act, there are reports the government is looking to introduce new provisions to censor the Internet. Free speech observers are not giving enough attention to the many clues from India’s past governmental policy of free speech that suggests a trend of censorship founded upon concerns of governance, nation-building, community honour, and public order. This free speech policy has interacted with colonial-era notions of indigenous custom to create a narrative that pits individual rights against community interests, modern law against local sensibilities, courts against government. The Rangeela Rasool affair (1927), the First Press Commission (1954), and the Second Press Commission (1982) are seminal moments in the evolution of this policy that indicate the contours of future government action. Past experience shows that strong governments invariably impede free speech. Looking ahead, section 66A’s replacement, which may not be a new provision but could be something more covert, will almost certainly act on this narrative and continue the government’s free speech policy.