#FOEIndiaSeries | Free Speech in India

#FOEIndiaSeries | Free Speech in India

List of Posts

Part I of this series considers the socio-legal basis of free speech law in India, Part II explores what regulation, both legal and social, says and, in some cases, what it should perhaps say while Part III, finally, looks at the mechanisms through which free speech regulation is implemented in India.

Part I. The Foundations of the Law

1. The Parameters of Indian Discourse
2. The Backbone of the Law
3. Legislative and Other Input

Part II. Regulating the Substance of Speech

4. Creative Content and Trade
5. Reputation and Honour
6. Keeping the State Functional
7. Maintaining Law in a Plural State
8. Women’s Existence in Patriarchy
9. Sexual Abuse and Reportage
10. Privacy and Rights-Based Legislation
11. Explicit Content: Choice, Consent and Coercion
12. State Paternalism and Public Interest

Part III. The Processes of the Law

13. Keeping Track of Others’ Content
14. The Mechanics of Regulation

All the published posts are available in reverse chronological order via this label-link: FOEIndiaSeries.

Note

Through a series of 14 articles, I hope to provide a sense of free speech and content law in India.

Wherever possible, I've tried to avoid mention of matters I've been involved in myself. I've also tried to ensure that the series is accessible to non-lawyers.

The terms ‘child pornography’ and 'revenge porn' have been used simply because of how common they are, both in popular discourse and occasionally at law, even though neither term is accurate. 'Child porn' refers to indecent images of children and, where real children feature, is evidence of child abuse in and of itself. 'Revenge porn' generally refers to the non-consensual release of explicit imagery of a woman by a former partner of hers. It, too, is a manifestation of abuse, and is far more an expression of power than an expression of pornography.

Of course, none of the content of these articles is professional advice and it should not be relied on for any purpose. It is tinged with personal opinion, may not be accurate, and is incomplete.

Monographs & Essays

The Bollywood Amendments (2010-2012)

An examination of the provisions of the 2012 amendments to the 1957 Indian Copyright Act which affect the film and music industry. The paper takes into consideration the factual background in which the amendments were made and explores whether they are likely to realise their objectives.

Last revised: 2013
(Available here: SSRN)

Art and Indian Copyright Law: A Statutory Reading

A look at how the Indian Copyright Act, 1957, as amended in 2012, interacts with art (other than films and sound recordings), and, in particular, with Indian art. The first part of this text comprises a feminist and post-colonial reading of the Indian copyright statute while later parts focus on interpreting the provisions of the statute in relation to art.

Last revised: 2017
(Available here: SSRN)

Indian Music: Ancient Traditions, Contemporary Rights

This essay on copyright and creativity discusses cultures of musical borrowing in the realm of Indian music from ancient times to the present day, and examines the effect of the introduction of colonial copyright law in India. It posits that the Western paradigm on which contemporary copyright law is based cannot be easily integrated with Indian musical practices, and argues for the decolonisation of the law.

Last revised: 2023
(Available here: SSRN)

About

IN Content Law is a personal blog which contains the views of its author, Nandita Saikia, alone unless otherwise explicitly stated. The author of the blog may have advised clients on subjects relating to those dealt with in this blog. However, the contents of this blog are not intended to reflect the opinion or position of any person (other than the author) unless otherwise explicitly stated. The posts on this blog relate to copyright and content law from an Indian perspective. They are not professional advice, and should not be considered or construed as such. No action should be taken or omitted on the basis of the contents of this blog. This blog neither creates an attorney-client relationship between the author and any visitor(s) or any other person(s), nor does it seek to do so. The material contained herein is solely for the purpose of academic discussion and is accessible on an as-is basis. No representations or warranties are made as to accuracy, impartiality or fitness of the material on this blog for any use, and the author shall not be liable in any manner to any extent for the consequences of any action taken on the basis of any material herein. Further, no representations or warranties of any nature are made regarding any material which may be linked to from this blog, and the author shall not be responsible for the contents thereof. Revisions: The posts on this blog may be revised from time-to-time for editorial or other purposes without each revision being marked in the post itself. Privacy: "This site uses cookies from Google to deliver its services and to analyse traffic. Your IP address and user agent are shared with Google, together with performance and security metrics, to ensure quality of service, generate usage statistics and to detect and address abuse." (Learn more.)