Music Censorship and Freedom of Expression in India

On World Music Day, we celebrate the power of music to express, connect, and inspire. Songs have long been a vehicle for personal emotion, cultural identity, and social commentary. However, when music touches sensitive topics—politics, religion, sexuality, or protest—it can attract state scrutiny, bans, or public backlash. This brings us to the important legal question: Where does freedom of expression end and music censorship begin?

The Indian Constitution guarantees freedom of speech and expression under Article 19(1)(a), which includes musical expression. But this freedom is not absolute. Article 19(2) allows the State to impose reasonable restrictions in the interest of public order, morality, decency, and national security.

As a result, Indian courts and authorities have walked a tightrope between protecting artistic freedom and regulating content that may incite unrest or violate legal limits. This blog explores the legal landscape of music censorship in India, landmark cases, applicable laws, and the evolving debate over musical freedom.

🎙️ What Is Music Censorship?

Music censorship refers to the suppression, restriction, or regulation of music by government bodies, courts, or private platforms, based on content that is perceived to be:

• Politically controversial

• Religiously offensive

• Morally obscene

• Threatening to law and order

• Vulgar, defamatory, or promoting violence

Such censorship can take many forms:

• Ban or removal of songs from public platforms

• Arrest or FIR against the artist

• Refusal to grant performance licenses

• Denial of film certification for songs used in movies

• Takedown notices on digital platforms (e.g., YouTube)

📜 Constitutional and Legal Framework

1. Article 19(1)(a): Freedom of Speech

Includes the right to express through music, art, lyrics, and performance.

2. Article 19(2): Reasonable Restrictions

Permits restrictions for:

• Sovereignty and integrity of India

• Security of the State

• Public order

• Decency or morality

• Contempt of court

• Defamation or incitement to an offense

3. Indian Penal Code (IPC)

Relevant provisions used to censor or penalize music:

• Section 295A: Insult to religion

• Section 153A: Promoting enmity between groups

• Section 292/293: Obscenity

• Section 499: Defamation

• Section 505: Statements conducing to public mischief

4. Information Technology Act, 2000

• Section 66A (struck down): Previously used to arrest for offensive content online

• Section 69A: Allows government to block access to content

5. Cinematograph Act, 1952

If the song is in a film, the Central Board of Film Certification (CBFC) may refuse certification or demand cuts under grounds of morality, religion, and public order.

🎧 Notable Cases of Music Censorship in India

1. Shreya Singhal v. Union of India (2015)

The Supreme Court struck down Section 66A of the IT Act, holding that vague and arbitrary restrictions on speech violated the Constitution. This case involved music videos and social media posts taken down or criminalized without due process.

2. Honey Singh Controversy

Rapper Yo Yo Honey Singh faced legal complaints for lyrics allegedly promoting violence and misogyny. FIRs were filed under Sections 292 and 294 IPC. He later apologized and removed offensive content.

3. Tamil Rapper Sofia Ashraf

Her song “Kodaikanal Won’t” went viral for calling out corporate environmental violations. Though widely supported, the song sparked corporate discomfort. It demonstrated how music is used for protest and how companies sometimes seek legal threats or copyright takedowns to silence such voices.

4. Vulgar Lyrics in Bhojpuri Songs

Courts have occasionally stepped in to ban songs deemed obscene or disrespectful to women or caste groups. This raises the complex issue of artistic liberty vs. community dignity.

🧑‍⚖️ Judicial Balancing: Free Speech vs. Regulation

Indian courts generally uphold freedom of musical expression, but also apply a test of public impact. The key questions are:

• Does the song incite violence or hatred?

• Is there intent to offend or provoke?

• Is the language merely vulgar, or actually illegal?

• Is the restriction reasonable and proportionate?

For instance, courts have held that:

• Mere criticism of the government is not sedition

• Provocative art is not automatically punishable

• Artistic expression cannot be censored based on personal offence unless it breaches legal limits

Thus, courts seek to avoid prior restraint (banning before release), and encourage post-release accountability, where creators can defend their work in a legal setting.

📱 Censorship in the Age of Streaming and Social Media

With the rise of platforms like YouTube, Spotify, and Instagram, traditional censorship tools have lost ground. Now, platform moderation, community reporting, and AI-driven takedowns regulate music more than government orders.

Issues include:

• Content taken down without legal process

• Creators banned due to complaints, even when content is lawful

• Algorithmic censorship of words, themes, or visuals

• Over-compliance by platforms to avoid liability

At the same time, musicians have greater autonomy than ever before. Independent artists can reach millions without label or film approval, increasing the democratization of expression.

🎼 Self-Regulation and Responsible Expression

While the law protects freedom, musicians must remain aware of their social and legal responsibilities. Best practices include:

• Avoiding direct religious insults or hate speech

• Disclaiming satire or fiction in politically sensitive content

• Ensuring sexual content doesn’t cross into obscenity

• Giving proper credits and avoiding defamation of individuals

• Consulting legal experts before releasing protest music

Being bold is not a crime—but being informed is a safeguard.

👨‍⚖️ How Barowalia & Associates Supports Artistic Freedom

At Barowalia & Associates, we understand the intersection of art, law, and public responsibility. Our services for musicians, digital creators, and media organizations include:

• Legal vetting of songs, lyrics, and videos

• Advisory on censorship laws and platform regulations

• Defending free speech in FIRs or legal notices

• Negotiating with platforms for fair moderation

• Litigation support in freedom of expression cases

We are committed to helping artists express without fear—within the constitutional framework of India.

🎶 Closing Note

Music is emotion. Music is expression. But music is also speech—and like all speech in a democracy, it has rights and responsibilities. While censorship may sometimes be necessary to maintain public order or morality, it must never become a tool to suppress genuine art or dissent.

On this World Music Day, let us recommit to artistic freedom, legal awareness, and creative courage—ensuring that India remains a country where voices rise in melody, not in silence.

Disclaimer: For information only; AI Assisted; no liability whatsoever.