Censorship Unveiled: A Critical Analysis of The Kunal Kamra Judgment and Impact of Various Government Regimes

ABSTRACT

India despite being a democratic country that provides expansive rights such as Article 19, freedom of speech and expression as mentioned in the constitution. Journalists and media organizations in India often face challenges in reporting issues of national security and of social relevance such as minority rights, child abuse, etc. Since 2017, India has experienced a significant decline in press freedom, as reflected in its ranking of 159 out of 180 countries on the Press Freedom Index. This alarming drop highlights concerns over excessive censorship and governmental control over the media landscape. This research paper critically evaluates with special reference to Kunal Kamra vs Union of India which has recently struck down the Fact Check Unit and considered its nature to be arbitrary. It examines the impact of the IT Rules on intermediaries and highlights instances of speech regulation that infringe on freedom of expression. It also critically analyses various judicial pronouncements in which the center’s arbitrary and excessive powers have been curbed. It scrutinizes the laws made by the center which faced widespread resentment from the public. Chapters on topics like the Emergency, caste oppression, and history have been altered or removed. This paper aims to critically discuss the shutdowns of the internet in protest areas by the government and the far-reaching consequences of these actions on public rights. It will come up with empirical measures for controlling censorship while emphasizing democratic tenets of free speech transparency in governance.