Advisory to Halt Release of "Lawrence of Punjab" Overturned Due to Lack of Statutory Basis
In a significant ruling, the Punjab and Haryana High Court, presided by Justice Jagmohan Bansal, has overturned the advisory issued by the Union of India, which sought to block the release of a documentary titled "Lawrence of Punjab" on the OTT platform Zee5. The advisory was initially based on concerns that the documentary could potentially glorify gangsters and disturb public order, a claim that the court found unsubstantiated.
The advisory from the Ministry of Information and Broadcasting was prompted by inputs from the Director General of Police, Punjab, and a central security agency, which raised fears that the documentary might incite cognizable offenses and glorify the gangster lifestyle. However, after reviewing the documentary, Justice Bansal concluded that the film does not glorify crime or criminals but rather critiques criminal activities by compiling publicly available information.
The judgment emphasized the importance of evaluating the documentary's message in its entirety rather than isolating particular segments, aligning with precedents set by the Supreme Court. The court noted that the blocking order lacked the necessary satisfaction and reasoning required under Section 69A of the Information Technology Act, 2000. This section allows for blocking content only when it is deemed necessary for maintaining public order, among other concerns.
Moreover, the court underscored the distinction between public order and law and order, citing previous Supreme Court judgments. It was determined that the documentary does not pose a threat to public order, as it merely presents a compilation of existing information and critiques the gangster lifestyle.
Justice Bansal also addressed the procedural aspects of the advisory, noting that it was issued without invoking any specific provision of the Information Technology Act or any other enactment. While the Union of India argued compliance with Sections 69A and 79 of the Act, the court found no violation of prescribed guidelines or rules by the petitioner, Zee Entertainment Enterprises Limited.
In light of the court's findings, the advisory was deemed unjustified, and the blocking order was quashed. The court directed that the documentary's title and promotional materials be altered to remove references to "Lawrence," "Bishnoi," and "Punjab" before its release, as agreed upon by the petitioner.
This judgment reinforces the fundamental right to freedom of speech and expression, emphasizing the need for judicial scrutiny of content based on comprehensive evaluation rather than isolated concerns. The decision is seen as a pivotal moment in balancing censorship with creative freedom on digital platforms.
Bottom Line:
Writ petition challenging advisory to block release of a documentary on OTT platform - Advisory based on apprehension of glorifying gangsters and disturbing public order - Held, documentary does not glorify crime or criminals but critiques criminal activities and compiles publicly available information - Blocking order quashed as it lacked valid statutory basis under Information Technology Act, 2000.
Statutory provision(s): Constitution of India, 1950 Articles 19(1)(a) and 19(2), Information Technology Act, 2000 Sections 69A and 79
