“TRACING MEDIA LAW IN INDIA: FROM COLONIAL CENSORSHIP TO THE DIGITAL AGE THROUGH FILMS”

AUTHOR – NIKITA SHARMA, AMITY LAW SCHOOL, AMITY UNIVERSITY, MAHARASHTRA

BEST CITATION – NIKITA SHARMA, “TRACING MEDIA LAW IN INDIA: FROM COLONIAL CENSORSHIP TO THE DIGITAL AGE THROUGH FILMS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 807-816, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This review paper explains how media law in India developed through different historical periods using films. During Colonial rule, media was strictly controlled, and journalists were punished for speaking against the government. After independence, media got freedom under Articles 19(1)(a) and 19(2), but still faced pressure from politicians and powerful people. Because of this, media could not always report freely, and the public sometimes received biased or incomplete information. Journalism in India started with Hicky’s Bengal Gazette in 1780 by James Augustus Hicky. He was jailed for speaking against British officials, showing that media had fear from the beginning. From 1780 to 1939, media law in India was under strict British control. Laws like the Censorship Act 1799, Press Regulations 1823, Vernacular Press Act 1878, and Indian Press Act 1910 limited press freedom. Journalists were punished, and newspapers were controlled, making press freedom very risky before independence. The case of Queen Empress v. Bal Gangadhar Tilak was important, as it showed how sedition law was used to punish newspapers and stop people from speaking against the British. In the Pre-Independence Era, films like The Legend of Bhagat Singh, Gandhi, The Making of the Mahatma, and Ae Watan Mere Watan show how media was used secretly through pamphlets, newspapers, and radio to spread awareness In the Post-Independence Media Era (Pre-Emergency period) (1947–1974), shown in Reporter Raju, journalism focused on truth but faced pressure from authorities. In Brij Bhushan v. State of Delhi, the Supreme Court held that pre-censorship is unconstitutional. In Romesh Thappar v. State of Madras, it was decided that freedom of speech includes circulation of newspapers. Further, Sakal Papers v. Union of India held that the government cannot control newspaper price and pages. Similarly, Bennett Coleman v. Union of India struck down restrictions on newsprint. During the Emergency (1975–1977), press freedom was restricted. In ADM Jabalpur v. Shivkant Shukla, fundamental rights were suspended. This period is shown in films like Indu Sarkar and Emergency. In the Post-Emergency Era (1980–2000), media freedom improved. In R. Rajagopal v. State of Tamil Nadu, the Court protected privacy and publication of public records, shown in New Delhi Times. From 2000–2010 (Early Digital Era), films like Page 3 and No One Killed Jessica show media ethics and trial by media, supported by Siddhartha Vashisht v. State. From 2011–2019 (social media Era), films like Rann and Article 15 show fake news and social issues, while Shreya Singhal v. Union of India protected online speech. From 2020–2026 (OTT Era), films like Dhamaka and Scoop show modern journalism, and Madhyamam Broadcasting Ltd v. Union of India supported press freedom.Keywords:  Media Law in India, Press Freedom, Freedom of Speech, Censorship, Sedition Law, Article 19(1)(a), Article 19(2), Trial by Media, Media Ethics, Fake News, Digital Media, OTT era