FREEDOM OF EXPRESSION AND CENSORSHIP IN PERFORMING ARTS: A LEGAL AND ETHICAL PERSPECTIVE

Authors

  • Dr. Narender Kumar Bishnoi Assistant Professor, Campus Law Centre, Faculty of Law, University of Delhi, Delhi, India
  • Dr. Paras Chaudhary Former Research Scholar, Faculty of Law, University of Delhi, Delhi, India

DOI:

https://doi.org/10.29121/shodhkosh.v5.i3.2024.2587

Keywords:

Artistic Freedom, Legal Perspective on Performing Arts, Censorship

Abstract [English]

With an emphasis on the ethical and legal factors that impact creative freedom, this study investigates the intricate relationship between free speech and censorship in the performing arts. In light of the importance of the performing arts as a platform for social criticism and cultural reflection, this research investigates the legal safeguards that artists have, especially in democracies like India. Censorship systems, which aim to maintain public order, moral principles, and cultural sensitivity, often moderate these liberties. Courts' interpretations of the limits of speech in the performing arts are examined in this article via an examination of seminal judgments from India and other countries. It also takes into account the social effects of censorship on innovation, creativity, and public debate as well as the ethical considerations of limiting art. This paper proposes legislative changes to better balance creative freedom with community norms by comparing censorship regulations across countries. In the end, the piece argues for a balanced approach that safeguards creative expression while upholding ethical limits, with the goal of creating a democratic setting where the performing arts may flourish as catalysts for social transformation.

References

Amnesty International. (2023, September 18). Freedom of Expression - Amnesty International. https://www.amnesty.org/en/what-we-do/freedom-of-expression/.

Bakshi, P.M. (1997). Commentary on The Constitution of India. https://www.scribd.com/document/318456421/constitution-of-india-by-bakshi-pdf

Burger W.E. (1973, June 21). Miller v. California https://supreme.justia.com/cases/ federal/us/413/15/#:~:text=BURGER%2C%20C.J.%2C%20delivered%20the%20opinion,413%20U.%20S.%2037.

Chaskalson P. National Coalition for Gay and Lesbian Equality V. Minister of Justice https://nluwebsite.s3.ap-south-1.amazonaws.com/uploads/the-national-coalition-for-gay-v-min-of-justice-5.pdf

Hidayatullah M. (1970, September 9). K. A. ABBAS v. Union of India and Another, https://main.sci.gov.in/jonew/judis/1321.pdf

Iyer V. R. K. (1979, October 26). Raj Kapoor and Others v. State and Others, https://digiscr.sci.gov.in/view_judgment?id=MzYwODM=

Khatchadourian H. (1978). Artistic Freedom and Social Control. The Journal of Aesthetic Education. Vol. 12, No. 1, pp. 23-32 https://www.jstor.org/stable/3331845 DOI: https://doi.org/10.2307/3331845

Shaheed, F. (2013). Report of the Special Rapporteur in the field of cultural rights, Farida Shaheed, on the right to freedom of artistic expression and creativity. In Twenty-third Session (pp. 3–91) [Report]. https://documents.un.org/doc/undoc/gen/g13/118/44/pdf/ g1311844.pdf

Shetty, K.J. (1989, March 30). S. Rangrajan v. P. Jagjivan Ram. https://main.sci.gov.in/ jonew/judis/7986.pdf

Downloads

Published

2024-03-31

How to Cite

Bishnoi, N. K., & Chaudhary, P. (2024). FREEDOM OF EXPRESSION AND CENSORSHIP IN PERFORMING ARTS: A LEGAL AND ETHICAL PERSPECTIVE. ShodhKosh: Journal of Visual and Performing Arts, 5(3), 600–606. https://doi.org/10.29121/shodhkosh.v5.i3.2024.2587