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Karnataka government issued a temporary ban of 2 weeks on release of a Hindi film to prevent any potential religious discord and preserve communal harmony in the state.
- Freedom of artistic expression is the principle that an artist should be unrestrained by law or convention in the making of his or her art.
Freedom of Artistic Expression in India
- Supreme Court in Rangarajan v. P. Jagjivan Ram Case (1989) held that movies enjoy the rights guaranteed under Article 19(1)(a) [Right to Freedom of Speech and Expression].
- Provisions for freedom of opinion and expression are also enshrined under the Universal Declaration of Human Rights (UDHR) as well as International Covenant on Civil and Political Rights (ICCPR), to which India is signatory.
Why do films stand on a slightly different plane from other forms of expression? (SC observations in Rangarajan v. P. Jagjivan Ram Case)
- The combination of act and speech, sight and sound in semi darkness of the theatre with elimination of all distracting ideas will have a strong impact on the minds of the viewers and can affect emotions.
- Therefore, it cannot be equated with other modes of communication and censorship by prior constraint is, therefore, not only desirable but also necessary.
