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The Struggle for Power, Profits and Prestige in the International System

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In today’s world, great powers are the most influential members of the international system. The impression of great power plays a significant role in the theory of international politics as any changes in the great powers’ strategies or the emergence of new great powers normally alter the status quo. A numeral of scholars has attempted to come up with a definition of great power and throughout the years, the concept of great power has been employed by a number of theoretical schools of international relations including liberal internationalism, realism, and constructivism. For instance, Arnold Toynbee defines great power as ‘a political force exerting an effect corresponding with the widest range of the society in which it operates’ and Martin Wight refers to great powers as those ‘powers with general interests, meaning those whose interests are worldwide’.  Professor Hedley Bull from Oxford University articulates that great powers contribute to the international system ‘by maintaining their relations with one another and by using their preponderance in such a way as to impart a degree of central direction to the affairs of international society as a whole. 

According to Kenneth Waltz, great powers possess extraordinary influence in the international system, which enables them to assume tasks that other states cannot execute. In addition, other scholars debated that within the international system there is an irregularity of power and when power irregularities are high; the frequency of an intervention is likely to increase. Realist Krasner further purports that great powers usually intervene in the internal affairs of weaker states by using various norms, values, and principles to justify and legitimize their actions. Nonetheless, the same great powers sometimes violate those values and principles, while at the same time they stay free from external interference. This is what he refers to as organized insincerity. 

In order to be a great power in the international system, a nation has to possess not only economic prosperity and military might, but also strong soft power and strong identity as a leader. In other words, economic strength implies a soaring level of development of the country. On the other hand, the military strength of a country is usually measured by its military expenditure, defense spending, the number of military personnel and aircraft carriers, and the size of the navy, among other factors. For soft power, strong cultural ties with other countries, moral strength, and technological level are considered features of great importance. Identity as a leader refers to the ability to bargain as well as the capability to take action independently while at the same time, being able to play an active and co-operative role in the international system.

Conferring to Bridget Rodgers, among the top 10 powers of the world include the United States of America, China, the United Kingdom, Germany, Russia, Japan, France, Italy, Brazil, and India with the United States is the number one superpower of the world, henceforth achieving its hegemonic status of the world. Not only does the United States possess the largest economy by a long bounce, but it also has the most powerful military by an even wider boundary. This gives the United States the self-assurance and bravery to stretch its military and diplomatic muscle whenever it feels like its interests have been jeopardized and this is something that has been both much-admired and denounced by the international community.

The end of the cold war witnessed a grate change in how great powers interact with each other. We are now in a world where there is little chance that major powers will engage each other in wars. This suggests that great powers no longer view each other as potential military rivals, but instead as members of a family of nations called the international community. In this promising new world, the possibility for cooperation is very high, with the likelihood of increased prosperity and peace to all the great powers. On the other hand, it is also argued that international politics has always been a cruel and unsafe business, and it is likely to remain that way. Although the level at which their competition keeps growing and declining, great powers fear each other and are always competing with each other for power. The superseding goal of states is to maximize their share of world power, which in turn implies gaining power at the expense of others. Much as the great powers embrace the outcome being the strongest powers of the world, their ultimate aim is to be the hegemon that is, the only great power in the system.

Great powers are hardly gratified with the current distribution of power; rather, they strive to face a constant incentive to change it in their favor. They almost always have heterodox intentions and endeavor to balance the stronger powers even to the extent of using force, if they think it is worth accomplishing their goals. In some circumstances, the costs and risks of trying to shift the balance of power could be too great, and this forces the great powers to wait for more favorable circumstances. However, this does not eradicate their mission for wanting more power, unless a state attains the eventual goal of hegemony. Ever since no state is likely to achieve global hegemony, hence, the world is destined for continuous great-power competition.

According to realists, great powers are in pursuit of power due to the structure of the international system, which forces states to seek security, nonetheless to act aggressively toward each other.  Henceforth, according to realists, three features of the international system combine to cause states to fear one another: the absence of a central authority that sits above all states (anarchy), the fact that states always have some offensive military capability, and the fact that states can never be certain about other states’ intentions (Security dilemma). Given this fear which can never be wholly eliminated states recognize that the more powerful they are relative to their rivals, the better their chances of survival.

The first feature implies that the international system is anarchic. This does not mean that the world is disordered or muddled. Slightly, it is an ordering principle which denotes that the system is made up of independent states that have no ultimate authority above them. In other words, autonomy is inherent in states because there is no higher ruling body in the international system. The second characteristic is that great powers inherently possess some offensive military capability, which gives them the means to hurt and possibly destroy each other. States are potentially dangerous to each other, although some states have more military might than others and are therefore more dangerous. A state’s military power is usually identified with the particular weaponry at its discarding, even though if there were no weapons, the individuals in those states could still use their feet and hands to attack the population of another state. The third attribute (security dilemma) is that states can never be certain about the intentions of other states. Explicitly, states are uncertain that another state will not use its offensive military capability to attack them. This does not infer that states unavoidably have bad intentions, but it is only necessary for them to be on the lookout because the intentions of others can never be judged with inevitability.

Nonetheless, it is difficult to measure how much relative power one state must have over its competitors before it feels that it is secure. In addition, determining how much power is enough becomes even more complex when great powers consider how power will be distributed among them ten or twenty years down the road. The competences of individual states also vary over time, sometimes decidedly, and it is often problematic to foresee the direction and scope of change as far as the balance of power is concerned. Given the difficulty of determining how much power is enough, great powers recognize that the best way to ensure their security is to achieve hegemony, thus eliminating any possibility of a challenge by another great power. It is very unusual for a state to pass out on an opportunity to be the hegemon in the system especially when it believes it already has sufficient power to survive. Conversely, even if a great power does not have the resources to aid it in becoming a hegemon, it will still act in a provoking manner towards other great powers with the aim of accumulating as much power as it can, because states are almost always better off with more rather than less power. In short, states do not become status quo powers until they completely dominate the system.

In terms of profits, states can cooperate with each other, although cooperation is sometimes difficult to achieve and almost always difficult to sustain.  There are two factors that hinder cooperation between states and they include considerations about relative gains and concerns about cheating. Ultimately, great powers are always in competition with each other and they view each other as real or at least potential enemies, and hence look to gain power at each other’s expense. In the event that two states are considering cooperating with each other, they first consider how profits or gains will be distributed between them. The states contemplate the divisions in terms of either absolute or relative gains. With absolute gains, each side is concerned with maximizing its own profits and cares little about how much the other side gains or losses in the course of their agreements. Each side cares about the other only if the other side’s behavior affects its own prospects for achieving maximum profits. With relative gains, on the other hand, each side considers not only its own individual gain but also how well it fares compared to the other side.

When great powers consider cooperating with other states, they normally focus on the balance of power and their choices are based on the relative gains. Evidently, each state tries to maximize its absolute gains; still, it is more important for a state to make sure that it does no worse, and perhaps better, than the other state in any agreement. Cooperation is more difficult to achieve, however, states are only accustomed to relative gains rather than absolute gains. This is because states concerned about absolute gains have to make sure that if the pie is expanding, they are getting at least some portion of the increase regardless of the amount, whereas states that worry about relative gains always pay careful attention to how the pie is divided, which complicates cooperative efforts.

Another drawback to the cooperation of states is the concern about cheating. Great powers are often reluctant to enter into cooperative agreements with each other for fear that the other side will cheat on the agreement and gain a significant advantage over them. This concern is especially critical in the field of military, causing a “special threat of defection,” because the nature of military weaponry allows for rapid shifts in the balance of power. This could eventually create a window of opportunity for the state that cheats to impose a decisive defeat on its victim.

Nonetheless these cooperation barriers, great powers do cooperate in a realist world. The balance-of-power logic often causes great powers to form alliances and cooperate with each other against common enemies.  The bottom line, however, is that cooperation takes place in a world where competition is the center of attention and where states have powerful incentives to take advantage of other states. No amount of cooperation can, therefore, eliminate the dominating logic of security competition. It is very unlikely that genuine peace or a world in which states do not compete for power and profits will prevail, as long as the state system remains anarchic.

With regard to prestige, Nicholson (1937) defines it as “power based on reputation. Morgenthau, on the other hand, articulates that prestige specifically represents a reputation for power, or the ability to pursue one’s own interests while forgoing the use of power and force. Some scholars have further argued that security concerns are a significant part of state behavior and are actually driven by competitions for prestige. As such, states often acquire territory or weapons or exert their independence in international affairs not out of concern for their security but out of a desire to be recognized and listened to by other states. According to the Social Identity Theory (SIT), groups seek prestige when the comparison of the prestigious achievements of their group with other groups is lacking. By this logic, all groups except the most prestigious one would have a continuous incentive to vie for prestige, at least until their group becomes the most prestigious. Conversely, though, not all states are competing for prestige at all times. Much of the literature combining SIT focuses predominantly on status-seeking and the peaceful accommodation of emerging powers. Prestige does not rise automatically as states rise in their military and economic capabilities. Unindustrialized states often actively invest in supplementing their prestige just as they invest in augmenting their power relative to others.

Prestige has sometimes been interchangeably used with the word status. In both concepts, there is recognition of some ranking or hierarchy within a group in which appointment in the higher positions of the hierarchy is accompanied by privileges that would not be experienced by those who are lower in the ranks. In addition, both concepts are also based on the subjective beliefs of others. Among states, however, the terms are sometimes conceived of differently. We normally speak of states having ‘great-power statuses or ‘regional-power statuses. These terms expound the strong connection between military or economic power and status in the international system. An actor can have great-power status, however, without having prestige, if they are able to exercise power effectively but lack the respect of others, as was true of the Soviet Union during the most period of the Cold War. Similarly, states can have prestige for a particular quality but not have a particularly high status or vice versa. In relation to powerful states, great powers seek prestige for the purpose of gaining recognition, having a good reputation and maintaining a high status in the international system and by doing so, they feel good and proud about themselves.

It is further pronounced that states which have experienced a publicly embarrassing experience such as China will be more likely to pay costs to seek prestige because they want to minimize the decline in the influence that might result from their demotion in the eyes of others. Also, if the humiliated state is near enough in influence to the dominant state in the system or region, the dominant state will match the humiliated state’s prestige investment, generating an international race for prestige. Prestigious states will be those most accustomed to wielding influence and often to control resources. They will have the incentive to invest in their prestige both in order to avoid the psychological stress of confronting a painful downgrade in self-concept as well as to avoid the potential downgrade in international respect and influence that accompanies high prestige.

Prestige is at times linked to nuclear weapons because of the particular properties that come with it. According to Barry O’Neill, nuclear weapons are natural bearers of prestige, in part because they are clearly bordered – an explosion is either nuclear or not.  In addition, nuclear weapons grab attention and testing them is always done discreetly as they are kept secret beforehand to avoid world pressure from stopping them or embarrassment in case they fail.  The nuclear explosions make sudden headlines and disagreement, so people are aware that others have gotten the news.  It is, on the other hand, tongue-in-cheek that just because the world worries about their spread they are better carriers of prestige. As evidence to support specific prestige, the possession of nuclear weapons is also related to the kinds of national skills that confer power. Nevertheless, the linking of the weapons and prestige depends on the behavior of all states, not just the potential proliferators.

In conclusion, over the centuries we have seen great powers competing for power, prestige, and profits. This is as a result of the insecurities that the great powers have towards each other. At the same time, great powers are always mindful of how others perceive them and so they are proactive in a number of ways to present a good reputation to the rest of the world, and in particular to the less powerful states with the hope of gaining their trust over the other powerful states. In order to succeed, however, the great powers need to maximize their profits by ensuring that they generate a lot of income. Nevertheless, they can only achieve this by cooperating with other states. In doing so, however, great powers give no room for trust towards each other as they are always concerned about cheating. In fact, over the past decade, we have seen a redeployment of economic power among the world’s great powers on a scale and rate that is probably unprecedented in history. In other words, power is now more evenly distributed in the international system as compared to the past. As a result, there is rising geopolitical competition among great powers. But the nature of the competition is limited by two significant factors: their domestic obsessions and their dependence on each other for economic growth. Conflict is, therefore, most critical along the periphery of great powers that are least integrated into the Western-led political order.

David Ceasar Wani Suliman is a Doctoral Fellow (Ph.D.) in the school of Political Science and Public Administration at Shandong University China, Majoring in International Politics. He worked as a Research assistant at Jilin University China; He Achieved Master’s degree in International Relations from Jilin University China, and correspondingly graduated with honors from Cavendish University Uganda with bachelor degree in international relations and diplomatic studies.

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International Law

The rise & rise of populist demagogues in democratic nations

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The term dictators & demagogues are used interchangeably in various contexts but there’s a difference, the former rules over a totalitarian state where government is able to exercise a complete influence over every aspect of citizen’s life whereas the latter is a “wannabe dictator” but due to the system of checks & balance in place they’re are not fully capable to create police states.

In 21st century these flamboyant  demagogues  have adjusted their personality & politics in such a way  that they successfully hide their intent & action in the shadows of democratic system so unlike Hitler’s Fascist regime or North Korea’s Communist dictatorship, it’s difficult to held them accountable because they’ll try to justify their hasty & unreasonable decision  in the name of Constitution & larger public good.

There are some common qualities shared by populist demagogues in  democratic countries that need to be checked in all seasons to protect the country & its people from potential benevolent dictators.

1.Compromised Constitutional Bodies

The rabble-rousers of the modern era have smartly learnt from their predecessors that to stay in power for eternity, it’s important to curb & limit the functions of Independent Institutions like Courts, Central Bank, Auditory Bodies, Investigation Agencies etc. For instance the President of Turkey Recep Erdogan has almost destroyed judicial independence in the country & with the recent news about the call of his political ally to shut down Turkey’s Constitutional Courts is not just alarming but also a cause of concern in a country where a record number of journalists are serving jail sentences under false charges & this decision if taken will not just compromise the press freedom which is already at its nadir in Turkey but it’ll also weaken the capacity of judicial system to guarantee the protection of people’s rights.

2.Unnecessary Focus on the revival of Glorious Past

Demagogues keep reminding us about the ancient prosperity & always pushing the narrative to portray their   country as the leading force , it can be done via 2 ways, either promote the soft power like culture, tradition, civilization & spirituality or use even nasty tricks to pull out the blinded nationalism that includes portraying one’s country as the leading colonizer, telling people about invaders & portray them as protector of native civilization or use race theory to create a class divide in society like Hitler did by invoking the Aryan identity that made some people into believing that they are superior to others.

By inciting this false hope of regaining the past glory & branding slogans like “Make America Great Again”, “For us, Hungary First”, “Abki bar, Modi Sarkar” they deceit & manipulate people into voting for their parties without doing any substantive work on the ground.

3.No respect for Dissent & Human Rights

Dissent or criticism of the leader & its establishment is part of a healthy Democratic society where people are fundamentally free to express their views regarding the government’s policies. While delivering a lecture on the topic,” The Hues That Make India: From Plurality to Pluralism,” the Supreme Court Justice DY Chandrachud noted that ” Descent is the safety valve of a democracy”  but sadly the Modern day Niro of India who ironically belongs to the same State where this lecture was being delivered has left no stone unturned to deliberately cut this valve into pieces.

Critics & Human Rights Activists are put behind bars for raising their voice against the atrocities & crime inflicted on tribals, minorities & other vulnerable sections of society. They are mercilessly beaten, tortured, thrashed & maimed in solitary confinements making no exceptions for maintaining basic human decency that is expected from the “World’s Largest Democracy”.

4. Polarisation for winning elections

The gruesome killing of George Floyd by White male police officer sparked a global outrage & protests against the racial inequality & hate crime that is at its highest level in more than a decade. People demanded accountability & change to stop the Institutionalised & Systemic racism against the people of color in the United States. Ex-president Trump instead of calling out & condemning white supremism  (terrorism) has defended & even embraced this far right radical ideology of hate.

As per the report by V-Dem, there’s an upsurge in political polarisation in India since 2014 when BJP seize the power at Centre & this is evident by frequent incidents of mob-lynching, riots & attacks on minorities especially muslims & Dalits in India. This report further states that Freedom of Religion has seen a considerable decline under the current regime. The reason behind these precipitous decline is the rise of Hindutva Politics which was long gone, forgotten & buried in the coffin but the BJP has called out the jinn of hatred to sway elections after elections at the cost of people who want to live a peaceful life in a non-hostile environment.

5.Violate established rules of Political Conduct

Politics was always a dirty business but populist leaders in most democracies have stooped to a new low & ruined it further. They never shy away from using homophobic & sexiest slurs or passing derogatory remarks against their counterparts in other parties.

Take for instance Brazilian President Bolsonaro, a nutcase who revokes popular prejudices in his ugly campaign rhetoric by passing many offensive & utterly distasteful comments against women, gays, environmentalists & minorities.

The rise of retro-macho politics has left no space for political sobriety & if unchecked, the tumor of hypermasculinity will not be just limited to hate speeches & jibes but translate into formidable action against humanity.

That’s how Romanian dictator Ceaușescu turned his political rhetoric into dystopian reality, under his dictatorship, birth control was banned, abortion was outlawed & fetus was declared the “property of society”, so women were tested for pregnancy & monitored to make sure that they give birth, and punished if they failed.

6. Refusal to accept migrants from Impoverished & war-torn countries

This is the hypocrisy of Western States who for decades have waged war, supported regime change, imposed Economic sanctions & trade barriers, sold weapons to militants in Middle-eastern & African countries finally when refugees & immigrants are arriving at the European borders from these destabilized countries where anarchy has bolstered civil war & complete chaos after covering an extremely dangerous route & taking enormous risks such as relying on people-smugglers or using flimsy boats to cross rough seas, they were detained & locked up under inhumane conditions in shipping containers in Hungary at whims & fancies of  Hungarian government headed by ultra-right wing Viktor Orbán but after the European Union Court ruling last year, Hungary has finally shut-down these illegal migrant transit zones situated on its border with Serbia, at the same time tightening rules which will effectively bar future migration prospects in EU member states.

7. Climate Change Deniers

Climate Change is the biggest threat to human existence in the 21st Century. Earth’s Climate is now changing faster than at any point in modern civilization, primarily as the result of human activities. It needs to be understood that Climate Change is not just a science issue but a policy issue as well. In most of the countries where demagogues are in-charge the policy seems to be more destructive, anti-science & discredit the scientific studies that show that effects of Climate Change are horrific & destructive for the Planet.

The environmental policies of Bolsonaro in Brazil have put the Amazon Rainforest on the verge of extinction. Regarded as the “lungs of the Earth”, the Amazon acts as a giant carbon sink & is also responsible for driving rain patterns across South America & Africa. Leaked documents revealed that Bolsonaro has cynical plans for Amazon Rainforest that includes hydroelectric plants, construction of bridges on Amazon river & a proposed highway through the dense forest to integrate Amazon basin with the rest of the National territory.

Under pressure from the Biden Government, Bolsonaro is now promising to make Brazil Carbon neutral by 2050 but his Environmental minister has asserted that his country is ready to cut 40 percent of deforestation in Amazon Forest only if the International Community will provide $1Billion as assistance. Though It is highly unlikely that the Brazilian government will take any steps against the influential farming lobby that played an important role in the victory of Bolsonaro in 2018 & to whom he has promised to dismantle existing environmental protections to make way for agricultural land expansion and intensified production.

The rise of populist leaders in  democratic countries is not sudden, before seizing power they boastfully promise to set their country free from corruption, crime & socio-economic inequality but after winning election they shift their goal post to achieve sinister objectives. Electoral political system in a democracy needs an urgent overhaul to include an educated perspective rather than simply representing the

will of majority which is no less than tyranny & this could only happen if people(voters) are aware about fascism among themselves & what  does it take for a normal country to become a Nazi State that had turned itself on the path of ravage & destruction. The importance of self realisation & tumultuous past is aptly described in a quote by Ernest Hemingway in his classic book, For whom the Bell tolls “But are there not many fascists in your country?’ There are many who do not know they are fascists but will find it out when the time comes“.

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OTT broadcast and its censorship: Whether a violation of freedom of speech and expression

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The whole world, owing to coronavirus pandemic, is enveloped in the darkness. It has wreaked havoc on almost all the aspect of human lives. The educational institutions, theaters and cinemas all have been shuttered. Public gatherings, to maintain the social distancing, have been firmly discouraged. Further, the pandemic has significantly modified the media and entertainment consumption patterns. Social lives ventured into digital environment as a result of people being cramped to their homes. People have switched to several sources of entertainment from the comfort of their own homes and over-the-top (“OTT”) platforms have proven to be a major source of entertainment.

OTT platforms have grown exponentially and taken over the industry. OTT platforms expedites streaming of video content over the web. Several OTT platforms such as Netflix, Amazon, Disney Hotstar, Disney+, Apple TV+, Hulu, etc., have primarily ousted the traditional television service. The notification issued by the Central Government of India aimed at getting online media platforms and content on OTT platforms within the jurisdiction of the Ministry of Information and Broadcasting has been making the rounds in recent times. The cabinet Secretariat, on November 9, 2020, released a notification amending the Government of India (Allocation of Business) Rules, 1961. It has incorporated two new entries to the second schedule of the Rules namely Films and Audio-visual programmes provided by online service provider as well as News and Current Affairs. This action is attributed to the fact that there is large amount of an unrestricted content available on the web as well as lack of an adequate regulatory regime in place to protect its users.

Universal self-Regulation code

The Internet and Mobile Association of India (IAMAI) had come up with a Universal self-Regulation code (code) to administer the content available on OTT platforms. The code was primarily adopted by the fifteen OTT platforms namely zee 5, Viacom 18, Disney Hotstar, Amazon Prime Video, Netflix, MX Player, Jio Cinema, Eros Now, Alt Balaji, Arre, HoiChoi, Hungama, Shemaroo, Discovery Plus and Flickstree. SonyLIV and Lionsgate too have recently signed the code. It was manifestly stated in the code that The Information Technology Act, 2000 (IT Act) is the main governing framework when it comes to online content. The values enshrined in Article 19 of India’s Constitution, namely the Right to Freedom of Speech and Expression, direct the internet and material on the internet. A policy for the digital content sector has to be drafted in line with Article 19 of the Indian Constitution i.e. the Right to Freedom of Speech and Expression, and any constraints on the aforesaid right should be fall within the purview of constitutional restrictions set forth in Article 19(2) of the India’s Constitution.

Further, the code had delineated a mechanism pertaining to (i) Age Classification (the code had particularized the certain categories for standardized age classification namely All ages, 7+, 13+, 16+ and 18+) (ii) Appropriate content specification ( a content descriptor appropriate to each piece of content that demonstrates and tells the viewer about the essence of the content while also advising on viewer discretion) and (iii) Access control Tools( to regulate access to content, signatories to the Code may implement technological tools and measures for access control i.e. PIN/Password.) The code had also established the perspicuous grievance redressal and escalation process to lodge complaint regarding non-adherence to specified guidelines. The MIB, however, has repudiated the proposed code since it did not explicitly categorize the prohibited content. Further, there is no independent third-party oversight and a transparent code of ethics. The MIB instructed IAMAI to seek guidance from the Broadcasting Content Complaints Council (BCCC) and the News Broadcasting Standards Authority (NBSA) self-regulatory frameworks.

A public interest litigation was consolidated in October, 2018, before the hon’ble Delhi High court by Justice For Rights Foundation to draught certain guidelines for modulating the content available on OTT platforms. The MIB while filing the counter affidavit stated that digital platforms are not required to procure a license from them to exhibit their content and the same is not controlled by them. The Ministry of Electronics and Information Technology (MEITY) has also mentioned that they do not oversee internet content and there exists no mechanism for monitoring or licensing an agency or establishment that posts content on the internet. Nevertheless, it was claimed that the provisions concerning IT are applicable, and concerned legislative authority having jurisdiction under the aforesaid Act is authorized to take action using the power granted to them under section 69 of the Act which involves directives for interception, surveillance, or data encryption. Further, under Section 67 of the Act there are penalties pertaining to posting or disseminating obscene information in any digital form. Accordingly, the court while dismissing the petition opined that it cannot grant a mandamus for the creation of regulations when the IT Act already contains stringent restrictions and currently the foregoing petition is pending in the hon’ble supreme court.

Positions of the law in regards to film screenings

A film must be certified by the Central Board of Film Certification before it can be displayed or distributed in cinemas or on satellite, and the content is constrained by existing laws. The CBFC was established by the Cinematograph Act of 1952. When it was established, it was designated as the Board of Film Censors. It was amended in 1959 to give it the authority to certify a picture for mass consumption. The Cinematograph Act of 1952, the Cable Television Networks (Regulation) Act of 1995, and the Cable Television Networks Rules of 1994 are among the laws that govern the industry. However, there is no such particular legislation for regulating material on OTT platforms. The government by virtue of Article 19(2) of Indian constitution can impose restrictions on freedom of speech and expressions in the interest of sovereignty and integrity of India, security of state, friendly relations with foreign countries, public order, decency or morality and so on. Consequently, broadcasted content has often been a restricted matter. In K.A. Abbas v. Union of India and Another[1], the constitutionality of censorship was initially challenged. The hon’ble supreme court has upheld the constitutionality of censorship under Article 19(2) of the India’s constitution and stated that films must be viewed differently from any kind of art and expressions because a motion picture can elicit more intense emotional response than any other product of Art. However, such censorship should not be exercised to imposed an undue restriction on freedom of speech and expression.

The constitutionality of censorship was also disputed in S. Rangarajan v. P. Jagjivan Ram [2]wherein the hon’ble supreme court has held that the board’s criterion for appraising the films must be that of an ordinary man with common sense and wisdom rather than that of a hypersensitive mind. The Moral values ought not to be compromised in the realm of any social change. The concept of “Dharam” should not be disrupted by the immoral norms or standards. However, it does not suggest that censors must embrace a conservative perspective. They should be resilient to social change and go with the topical environment. The film is the most legitimate and significant medium for addressing topics of public concern. The producer has the right to broadcast his own message, which others may or may not concur with. The state, regardless of how hostile to its policies, cannot suppress open debate and expression. The democracy is basically a government by the people based on open debate. The democratic form of administration necessitates citizens’ active and informed engagement in the societal issue.

Furthermore in, Phantom Films Pvt. Ltd. And Anr. V. The Central Board of Certification[3], it was said that we are governed in a democratic manner. We can’t expect everyone’s head and intellect to be the same in a democracy. Freedom to think and act in a different way is at the heart of democracy. The beauty of democracy is the diversity of viewpoints, ideas, and manifestations. It’s unrealistic to expect everyone to exhibit themselves in the same way. In the film business, new blood is being infused. This new blood is revved up and eager to get their feet wet in the industry. The film business and the general public have embraced such new blood. Their effort has been recognized and praised by the government. These works are predicated on a certain way of thinking that is unique to them. They have their own opinions and ideas on how the film business should operate, as well as how the medium altogether must be managed. Profanity, obscenity, and depravity do not shock human emotions. Such situations and discussions must be seen in their entirety. The narrative must be perused in its totality and thought upon. It is not appropriate to choose a few phrases, lines, conversations, or situations and venture into the board’s resolution. Certainly, the state, and notably the Central Board of Film Certification, cannot attempt to sculpt and dominate public opinion under the guise of purported public interest or audience preference. That would be terrible, as it would hit at the heart of democracy and civil liberty, which are held in such high regard by everybody. The goals of film certification, consequently, cannot be achieved by disregarding the Constitutionally guaranteed right or by fully undermining and disappointing it. A movie has to be watched on its own and judged accordingly. The plot, subject, background, and location in which it is created, the message it aims to express, and the entertainment, among other things, would all have to be assessed using section 5B’s standards.

Should OTT platforms be governed by a code of self-regulation?

Self-regulation is presently the only option available to such platforms in order to maintain the ability to broadcast material without undue censorship. Because unreasonable restriction would impede the creative flexibility of OTT platforms. It will assist platforms in conducting themselves in an ethical and fair manner while also safeguarding the interests of their users. It would protect content producers’ artistic freedom by promoting creativity and upholding an individual’s right to free speech and expression. The general public desires to view the content in its original and untainted state. They strive to understand artwork in its most primitive sense. The fundamental role of government agency is to maintain the fair field, not to inhibit innovation and ingenuity by placing limitations in a tech industry.

Self-regulators’ competence allows them to adjust their regulations more quickly than government agencies in reaction to technological advancement. More significantly, independent of any technological change, the self-regulator is better equipped to decide when a rule should be modified to improve compliance. Self-regulation has the ability to make compliance more appealing. It develops regulations based on an expert’s level of understanding, customized to the specific sector. These rules are viewed by regulated entities as more “reasonable” from the inception owing to their involvement[4].

Conclusion

The MIB by virtue of the amendment has now can regulate and draught policies regarding digital media and online streaming on OTT platforms. However, such governmental intervention can considerably jeopardize the constitutional right to freedom of speech and expression. The suppression of freedom of speech and expression is what censorships is all about. The freedom of speech and expression suggests that right to manifest one’s thought via words of mouth, writing, picture and any other means. The freedom of speech is one of the most well-known and fiercely protected civil rights against government encroachment. In modern democratic societies, it is generally considered as an essential notion. Every citizen of a democratic nation has the freedom to express his or her opinions on various issues. Thousands of viewpoints are disseminated around the country via various channels. A film director has the freedom to manifest himself and gives effect to his thoughts, even though others may not concur with him. An exhibition of films as well as documentaries cannot be prohibited for purely speculative reasons since prohibiting motion pictures is tantamount to suppressing the right to freedom of expression and speech. Restrictions upon Individual’s freedom of speech and expression must only be permitted if they are required to avert severe harm from being perpetrated. It is critical to have a healthy and extensive amount of free expression in order to assert a thriving and well- functioning democracy. Democracy, otherwise, is obsolete and akin to a totalitarian dictatorship[5]. It should be up to the public to determine what they want to see and what they don’t want to watch. Thus, the cornerstone to safeguarding artistic freedom is a sustainable self-governance paradigm.


[1] K.A. Abbas v. Union of India and Another (1970) 2 S.C.C. 780

[2] S. Rangarajan v. P. Jagjivan Ram (1989) 2 S.C.C. 574

[3] Phantom Films Pvt. Ltd. And Anr. V. The Central Board of Certification 2016 S.C.C. online Bom 3862: (2016) 4 AIR Bom R 593: AIR 2017 (NOC 62) 29

[4] Id. at 13

[5] Subhradipta Sarkar, RIGHT TO FREE SPEECH IN A CENSORED DEMOCRACY, UNIVERSITY OF DENVER SPORTS

 AND ENTERTAINMENT LAW JOURNAL 62, 84 ,89 (2009)

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International Law

What Determines Taliban Government’s Legitimacy?

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With the fall of Kabul, and the evasion of President Ashraf Ghani, the Taliban has taken over the reins of Afghanistan. States like Pakistan and China have already expressed their willingness to “work with the Taliban”  thereby legitimizing the Taliban government, whereas India has refused to recognize this “reign of terror”. The jurisprudential question of legitimacy arises here because the transfer of power in Afghanistan was through a coup d’etat which constitutes an extra-constitutional means of formation of government. Governments desire legitimacy because it gives them the right to rule and an acceptance on the international and domestic levels.

The most accepted theory in this regard is Hans Kelsen’s Pure Theory of Law. Kelsen, a positivist, claimed that law was contaminated by sociological impurities and morality, and focussed his theory on law alone. He based the legitimacy of the new order of government on its efficacy, and a rule was said to be efficacious when individuals regulated by it “behave, by and large, in conformity” with it. When the new order was efficacious, the coup was said to be successful, and the new government was held to be a legitimate one. Kelsen’s theory was widely accepted to uphold governments after coups such as in The State v. Dosso (Pakistan; 1958), Madzimbamuto v. Lardner-Burke (Southern Rhodesia; 1968), and Uganda v. Commissioner of Prisons (Uganda; 1966), among others. Since Kelsen tries to purify laws from the socio-political aspects, he contends that that it is irrelevant why people comply with the law and it could even be out of pure fear. Thus, a rogue government such as the Taliban which is efficacious as it receives compliance out of coercion and not out of consent, would be a legitimate one from a Kelsenian perspective.

The primary criticism that arises to Kelsen’s separability thesis is that he fails to distinguish between validity of law and its legitimacy. Critics have argued that while validity of law concerns with its authoritativeness, legitimacy depends on the virtue of justness and is contingent upon socio-political and moral factors. The issue lies with attaching legitimacy to the performance of the government. Instead, legitimacy should involve the questions of whether the government has the ability to demand the obligations out of voluntary conviction, provide for public goods such as the rule of law, protection of fundamental rights, etc., and function in a manner such that the society is generally benefitted. A study on legitimacy in seventy-two countries concludes that more the citizens are treated as rightful holders of political power, more legitimacy the government derives. This means that the virtue of legitimacy must flow from the citizens and the society and not from a coercive power that the top-down approach provides.

In the light of this, when the Taliban government is examined, it is realised that with its extremist ideology and terror activities in the past, it can hardly fulfil this criteria.While the ‘good Taliban’ has claimed that it will protect the freedom of press and not discriminate against women while allowing for their participation in the society within framework of Islamic law, these assurances will pacify only those who are unfamiliar with its history. Under the rule of Taliban in the years between 1996 and 2001, human rights were suspended, and political killings, rape, torture, amputation, and public executions were common place. A Taliban 2.0 which has emerged victorious against one of the major superpowers of the world, and has external support is unlikely to reform. Ideologically, they still remain the same movement committed to a puritan interpretation of Islam and this is evidenced by the fact that the barbaric Sharia law is in place once again. These baseless claims should be perceived as a political strategy to appease states into granting them de jure legitimacy because despite the jurisprudence of legitimacy developed, there is nothing in the international law that bars states like China, Russia, Pakistan or others from recognizing the rogue state of Islamic Emirate of Afghanistan. Therefore, the future of the Taliban and Afghanistan rests in the interplay of international actors.

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