Application Of Liberty Limiting Principles In Obscenity In Electronic Media

Alok Singh, LL.B., LL.M., Ph.D. Scholar at National Law Institute University, Bhopal

ABSTRACT

Liberty is vital for dignified existence of any individual. It is also guaranteed under the Indian Constitution. State is endowed with the function to limit the liberty of an individual for protecting the interests of its subjects. State having monopoly uses criminal law for the same. For ensuring that State’s criminalization is just, fair and reasonable it needs to be guided by some principles. These principles are called as liberty limiting principles. Some of these are Harm, Legal Moralism, Legal Paternalism and the Offence Principle. There is specific reasoning attributed to each liberty limiting principle. For instance, State is justified to limit the liberty of an individual if his conduct causes harm to others. Obscenity in Electronic media is a serious issue because of its tendency to corrode and deprave a person in electronic media. This has increased with rapid growth of internet. There is conflict between limiting the liberty of an individual by criminalizing obscenity in electronic media and right to freedom of speech and expression. However, the state seems justified to curtail one’s liberty for protecting the interests of its subjects. According to my understanding of the four aforesaid liberty limiting principles the state’s penal policy of criminalization seems to be justified on the principles of Harm, Legal Paternalism and Legal Moralism.

Keywords: Liberty Limiting Principles, Harm Principle, Offence Principal, Legal Moralism, Legal Paternalism.