SC lays down 9 guidelines for evaluation
The nine parameters laid down by a Supreme Court bench to protect citizens’ right of freedom of speech and prevent the Central and state governments from misusing their powers to ban a newspaper, publication or book are:
(I) Notifying the grounds of government opinion about a publication; (II) grounds of opinion must mean conclusion of facts on which it is based; (III) the validity of the order of forfeiture of a publication would depend on the merits of the grounds; (IV) the government cannot extract stray sentences or portions and come to the conclusion that the said publication or book as a whole ought to be forfeited; (V) the intention of the author has to be gathered from the language, contents and import of the offending material. If the allegations made in the offending article are based on folklore, tradition or history something in “extenuation” could perhaps be said for the author. (VI) If the writing is calculated to promote the feelings of enmity or hatred, the truth of past events or they being supported by good authority on it is no “defence” to a charge under Sec. 153-A of IPC; (VII) under Sec. 95(1), to prove the mens rea (cause of action) and requirement of the punishing sections to the satisfaction of the government is not required to be established fully as it is the job of the court; (VIII) the onus to dislodge and rebut the “prima facie” opinion of the government that the offending publication comes within the ambit of the relevant offences is on the applicant and intention has to be gathered from the language, contents and import thereof; (IX) and most importantly, “the effect of the words used in the offending material must be judged from the standards of reasonable, strong-minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view. The class of readers for whom the book is primarily meant would also be relevant for judging the probable consequences of the writing.”
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