·The Hindu·15 marks·250–350 wordsPolity

Discuss how 'soft censorship' — through informal official pressure, advertising withdrawal, and procedurally opaque takedown portals — undermines press freedom without triggering constitutional scrutiny.

In this answer
  1. Informal official pressure
  2. Advertising withdrawal as financial leverage
  3. Procedurally opaque takedown portals
  4. Why scrutiny is not triggered

'Soft censorship' is indirect state pressure that suppresses journalism without a formal, challengeable order. Unlike Section 69A of the IT Act, 2000, which at least produces a written executive direction [1], these levers leave no reviewable record — and that invisibility is precisely their constitutional advantage.

Informal official pressure

  • Off-record advisories, phone calls to editors and summons operate below any statutory threshold; with no order issued, there is nothing to assail under Articles 32/226.
  • Shreya Singhal (2015) upheld blocking only with narrow tailoring and procedural safeguards [6]; informal pressure simply bypasses that architecture.

Advertising withdrawal as financial leverage

  • Government is among India's largest advertisers; empanelment and release of advertisements under the I&B Ministry's Print Media Advertisement Policy rest on administrative discretion [4].
  • Withdrawal is therefore presentable as a routine budgetary choice, not a speech restriction — while being existential for small regional and digital outlets.

Procedurally opaque takedown portals

  • The Sahyog portal (MHA's I4C) routes notices under Section 79(3)(b), reframing removal as an intermediary's "due diligence" obligation to retain safe harbour [3] rather than as state blocking.
  • The Blocking Rules, 2009 mandate confidentiality of requests and orders [2]; the content creator is frequently neither notified nor heard.

Why scrutiny is not triggered

  • Absent an identifiable "law" or order, the Article 19(2) reasonableness test never engages — courts get no record to test proportionality against.
  • Censorship is outsourced to private intermediaries, converting a State action question into a platform's commercial decision.
  • The cumulative result is self-censorship, reflected in India's persistently low placement on the RSF World Press Freedom Index [5].

Soft censorship thus achieves through discretion what Article 19(2) forbids through law. The remedy is procedural: reasoned, published takedown orders with pre-decisional hearing, periodic transparency reporting on Sahyog, and rule-bound, non-discriminatory government advertising norms subject to parliamentary oversight. Making executive pressure visible is the surest way to restore Article 19(1)(a)'s promise to a free digital press.

Sources

  1. 1Section 69A, Information Technology Act, 2000 — India Codeexecutive blocking power; written direction requirement
  2. 2IT (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009confidentiality of blocking requests and orders
  3. 3IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 — PRS Legislative Researchsafe harbour conditional on due diligence and takedown compliance
  4. 4Print Media Advertisement Policy, Ministry of Information & Broadcastingdiscretionary empanelment and release of government advertising
  5. 5World Press Freedom Index — India, Reporters Without BordersIndia's press freedom ranking
  6. 6Supreme Court of India, Digital Reports (Shreya Singhal v. Union of India, 2015)Section 66A struck down; Section 69A upheld with safeguards
Practice
8 questions on this article
Check the answer for each question, or reveal all at once.
Practice MCQs →

More from this note

More on Polity