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 Law1. The Parameters of Indian Discourse
2. The Backbone of the Law
3. Legislative and Other Input
Part II. Regulating the Substance of Speech4. 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 Law13. 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.
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.