Evaluating The Effect Of Violent Media On Consumer Health - Legal Considerations And Recommendations
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Category: Consumer Law
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EVALUATING THE EFFECT OF VIOLENT MEDIA ON
CONSUMER HEALTH: LEGAL CONSIDERATIONS AND
RECOMMENDATIONS
Debdipa Bera, Research Scholar, Department of Legal Studies, Banasthali Vidyapith, Rajasthan Dr. Preeti Sanger, Assistant Professor, Department of Legal Studies, Banasthali Vidyapith, Rajasthan Dr. Rashmi Singh Rana, Associate Professor and HOD, Department of Legal Studies, Banasthali Vidyapith, Rajasthan
ABSTRACT
Violence has been the pillar of entertainment for decades. Throughout Movies, OTT Platforms, Video games and Social Media, violence is present and usually taken to be a marketing tool for advertisements and general interest for the masses. But just because violence has been so ubiquitous for so many years doesn't mean it should be. We all are consumers of the digital content and in the name of entertainment, we are actually degrading our mental health, our culture and values. Not only have filmmakers and audiences conceded to the notion that violence sells but researchers have also tried to establish several times the degree to which we, the consumers of these Digital Media, are being affected through this violence and aggression. Several researches done over the past few years have raised the question of does violence sell but no final conclusion has been reached.
Nowadays we are concerned about our consumer rights but fail to realize that excessive exposure to violent content is leading to "Brain rot. " The aim of this research is to determine how much this ridiculous amount of violence that we are being exposed to is negatively impacting Consumer behaviour. The authors will try to highlight how ongoing exposure to violent media has ill effects on Consumers' Mental Health and influence the society in general. Lastly, it is an attempt to investigate and present some real recommendations, Remedial measures to protect digital media Consumers from the exposure to Media Violence. Keywords: Violence, Entertainment, Media, Consumers, Mental Health, Aggression.
I.
INTRODUCTION
We, humans, are the largest consumer of digital media. We are continuously consuming and experiencing Violence through digital platforms and unknowingly degrading our mental health. We are talking about our consumer rights but don’t realise that our minds are heading towards “Brain rot” due to the overconsumption of violent content and the entertainment industry is making a profit by selling this violence and aggression. It is high time to make a further move towards protecting our Consumers’ mental health and our society. Research shows that violent pictures make young people less sensitive to violence, which then encourages aggressive attitudes and behaviour. 1 These reinforce each other and intensify over time. Therefore, breaking the cycle is essential. This can either be done at the level of belief or at the level of behaviour.
In spite of extensive studies on violence in television and cinema, very little is being done to curb it or formulate a code of conduct. It has been proven that the media leaves a psychological effect on children's minds, influencing attitudes and long-term behaviour. 2 It is relevant to note that exposure to the media is increasingly beginning at early age. Parents believe that children watch movies and TV programs for entertainment. But they do not know that most scenes have concealed messages of violence. A child is immersed in 'winning' or 'surviving' at a videogame, hence unknowingly seeing people (in major relationships like parents, siblings, friends and peers) as 'attacking' or 'threatening'. Some TV and OTT shows highlight negative role players, e. g.
, individuals who bring conflict among loved ones, and seem content about someone else's loss be it money, friends, or something else. Thus, the child gets to learn that these kinds of individuals are 'not good' and selfish. This could lead to distrust towards people. Even seemingly harmless cartoon programs and crime shows have become the new symbols of violence, to be replicated in real life. The heroes of films or video games who battle out with 1 Huesmann LR, “The Impact of Electronic Media Violence: Scientific Theory and Research” (2007) 41 Journal of Adolescent Health S6 accessed 14 March, 2025.
2 Khanam A, “Effects of Media Violence on Indian Youth,” vol 7 (2022) journal-article
accessed 12 March, 2025. villains are shown as 'macho' or fearless. Children can relate to them, look up to them and wish to act like them. TV or Online Content watching has resulted in issues like juvenile obesity, poor family communication and aggressive behaviour among children and adolescents. Films such as "Animal" and "Kabir Singh" have set the Indian film industry ablaze with their high-octane, frequently grotesque violence. While critics bemoan their misogyny and toxic masculinity, cinema-goers pack the theatres, making these films box-office giants. Explaining this seeming contradiction involves a look into the intricate fabric of India's social and economic reality. But it also reveals an alarming blind spot in Indian society.
The glorification of aggression, normalization of misogyny, and the failure to depict masculinity in a nuanced way create legitimate questions regarding their effect on consumer behaviour. These movies have the possibility of reinforcing destructive stereotypes and defining unhealthy relationship models, especially for youth and vulnerable audiences. The Kerala High Court recently noted that the portrayal of violence in visual media has the potential to have an "undesirable effect on people," and to what degree it can be presented must be determined with the right to freedom of speech and expression in mind. 3 The oral observation was recorded when the division bench, specifically constituted to hear matters pertaining to sexual harassment in the Malayalam film industry after the publication of the Hema Committee report, was considering the case.
After the release of the Hema report, a Special Investigation Team was constituted to investigate the complaints filed by the alleged victims. A division bench comprising Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha observed, "Violence on television can have an unwanted impact on individuals since you glorify the violence. And then again, you enjoy freedom of speech and expression. So how far will you go? It will again be what is public morality, what is constitutional morality. ". These are all subjects that you cannot just gloss over. You must view the evolution of the law and 3 Isac ME and Law L, “Live Law” Live Law (March 18, 2025) accessed 11 March, 2025. what society deems as immoral or moral. So is violence glorification desirable or is it merely them informing us that this is what is occurring in society today. II.
NEED OF THE STUDY Is violence in the entertainment industry leading to an increase of violence in the society? It's a frequent query in the entertainment industry over the last few years, and most research would agree that exposure to regular violence as entertainment would be negative. This is a question that is worthy of investigating, since one believes on the ill effects of violence in entertainment. Lots of research has gone into determining how violent media affects kids and teenagers and the results are frightening. A huge study also examined the behaviour of a large group of children and found the positive correlation between violence and media. The US tracked more than 700 people for 17 years. However, it showed there are 20 to 25 accounts of violence in children’s television per hour, and on average, prime time daily has 3 to 5 violent acts.
Then, in this same research with 700 participants, over 17 years, this same research reported a strong connection between the quantity of TV children watched to aggressive attitudes and behaviors in children and into adolescence. Such instances of antisocial behaviour, verbal aggression and tendency to physical aggression are called aggressive behaviours. 4 A comprehensive study conducted by the Centre for Advocacy and Research in New Delhi (2005) rigorously assessed the impact of media violence on children. This research underscores the critical theoretical perspective regarding media violence, focusing on its accessibility, exposure, and profound effects on young audiences. In a more recent study involving a sample of 1,500 youths, an overwhelming majority over 75% reported that media significantly influences their behaviour.
Alarmingly, nearly 46% of respondents expressed that the effects of media violence are excessive and detrimental. 5 In India, numerous studies indicate that watching violent films, such as 'Animal,' can have several negative effects on viewers, particularly regarding their mental health and behaviour. Research has demonstrated that exposure to media violence can lead to an increase in 4 Browne, K. D. , & Hamilton-Giachritsis, C. The Influence of Violent Media on Children and Adolescents: A Public-Health Approach, (2005), The Lancet, 365, 702-710.
5 Dr. D. R. Sahu, A Study of Media Violence And its impact on youth in India, (2019),13,IJMRT, 1.
aggressive and violent behaviour, especially among young audiences. 6 These figures render this field of study worth it just for the damage it might be causing to every consumer of this digital media and the potential that violence is not required to sell the entertainment being offered. 7 It's time now to see how violence that we are being exposed to is negatively impacting Consumer behaviour, their mental health and the whole society at large. III. VIOLENCE IN ENTERTAINMENT AND ITS EFFECT ON CONSUMERS The entertainment medium, such as film, television, and OTT platforms more and more depict violence. “Violence" refers to the depiction of acts of physical aggression, harm, or destruction, including graphic scenes of bodily harm, combat, or a pervasive atmosphere of threat and aggression Increased access to violent material has occurred in response to media advancements.
The modern world bombards people with media using handheld devices, facilitating consumption at any moment. This raises issues of impact on the consumer, particularly in terms of aggression, emotional desensitisation, and cultural norms. A. Profit-Based Production of Negativity Movie, music, and computer gaming industries routinely direct content warranting parental warnings under 17 at children. As a consequence of self-regulating mechanisms, violent products are advertised to children by these industries The motivation for profit can drive the emphasis on sensational material over the ethical factors, which can add to the production of hyper-violent media. B. Degradation of Cultural Values Exposure to violent media impacts cultural attitudes towards changing the way people perceive violence, relationships, and social norms.
The upsurge of women in Asian cinema being depicted as revealingly dressed and the employment of violence-based scripts indicate a surge 6 Dunand, M. , Berkowitz, L. , & Leyens, J. , Audience effects when viewing aggressive movies, (1984), British Journal of Social Psychology, 23(1), 69–76 accessed 4 March, 2025. 7 N Lifestyle Desk. (2023). “Animal” Impact: How Watching Violence on the Big Screen Can Effect Your Affect Health. Times Now. accessed 4 March, 2025. in "Hollywoodization". This transformation can conflict with traditional beliefs and cultivate an attitude of seeking pleasure, perhaps at the cost of societal welfare. C. Impact on Aggressive Behaviour Media violence is shown to make aggressive behaviour more likely to occur both in the short run and long run. 8 The examples are violent television shows, movies, computer games, and music.
Exposure to violent media is known to prime aggressive scripts and cognitions temporarily, enhance physiological arousal, and induce imitation of observed actions. Longitudinal research connects early frequent exposure to media violence to later aggression in the form of physical attacks and spouse abuse. D. Desensitization to Violence Repeated exposure to media violence over time is likely to dampen people's normal negative emotional reactions, and they become desensitized. 9 This desensitization has the effect of blurring the line between fiction and reality, rendering serious and violent crimes more normal and acceptable. The ongoing popularity of crime TV shows might be associated with an ongoing interest from the public, but also with a desensitization to violence. E.
Influence on Attitudes and Beliefs Exposure to violent media affects the way people think and feel, making aggressive behaviour more likely. Music preferences, especially for violently lyrical music, are linked to attitudes, behaviours, and tolerance for aggression. People who watch violent media are likely to acquire beliefs that favour aggression and soften negative emotional reactions to violence. 10 F. Effects on Children and Adolescents Children are especially susceptible to media violence effects, as they tend to mimic behaviours seen in the media. Video violence exposure may stimulate aggressive behaviour and thoughts 8 Li J, “The Impact of Media Violence on Child and Adolescent Aggression” (2023) 18 Journal of Education Humanities and Social Sciences 70 accessed 5 March, 2025
9 Ibid.
10 “The Impact of Electronic Media Violence: Scientific Theory and Research” (2007) 41 Journal of Adolescent HealthS6 accessed 12 March, 2025 among adults and children alike, distorting their socialization processes. Critical media literacy training is important for enabling children to critically evaluate video content and uncover the motivations involved in its creation. G. The Role of Internal and External Factors The link between violent media exposure and aggression has a number of factors, with internal ones being perceived aggression and trait anger. Extramural variables like cultural variance, exposure to age, domestic violence, and setbacks in life also significantly influence long-term behaviour. Treating aggression arising from violent media involves multifaceted efforts through monitoring the intake of such media and institutional support systems. IV.
LEGAL FRAMEWORK
IN INDIA AGAINST MEDIA VIOLENCE Increased pressure to give vent to differing views and treatment of social media underscore the imperative of more robust legal safeguarding of free speech. Enacting stricter laws on violent content in Indian media and cinema would potentially safeguard cultural values and minimize adverse effects on consumers. Legislative strategies need to be conceived to discourage promotion of violence, mandate respectful mental health questions, and safeguard vulnerable groups. A. Current Laws on Media and Content in India Intermediary Guidelines and Digital Media Ethics Code (IT Rules, 2021): Requires selfregulation and content classification for online platforms. Indecent Representation of Women Act, 1986: Bans obscene or derogatory representation of women in media.
Bhartiya Nyaya Sanhita (BNS), 2023: Has provisions against obscene content in digital and visual media.
Protection of Children from Sexual Offences (POCSO) Act: Shields children from exposure to offensive or inappropriate content. Information Technology (IT) Act, 2000: Regulates publishing and distribution of obscene or pornographic material online. Conformity with IT Rules 2021: The I&B Ministry has instructed social media and OTT platforms to adhere to the Code of Ethics under IT Rules 2021. Access Control over A-Rated Content: Sites need to enact age-gating mechanisms to ensure that minors cannot view inappropriate content. Ban on Certain Content: OTT platforms must ensure that the prohibited content is not being communicated. They should perform age-based classification to improve content regulation. B.
Constitutional Perspective on media violence in India Therefore, the regulation of media violence in India proceeds on considering the freedom of speech and expression as against the duty to avoid harming society. Fundamental right of freedom of speech and expression is provided by Article 19(1)(a) of the Indian Constitution subject to reasonable restrictions of Article 19(2) in the interest of public, decency or morality or for the security of the state. When the exercise of the right of freedom of speech and expression causes a threat to society the Supreme Court of India has repeated the need of reasonable restrictions to the right of freedom of speech and expression. In the famous case of R. Rajagopal v.
The Supreme Court in State of Tamil Nadu (1994) held that the right of freedom of speech and expression has no jurisdiction when such information is defamatory in nature and likely to cause damage to a person’s reputation. Likewise, in S. Rangarajan v. In Jagjivan Ram (1989), the Court held the right to free speech and expression could be curtailed if they are likely to endanger public order or provoke violence. In media violence matter, the Supreme Court concede the necessity of regulation for the sake of hazard to Society. In Common Cause v. In Union of India (2017), the Court found that it was the government’s responsibility to control the media so that it would not participate in violence, hate speech or defamation, and other such harmful acts.
The Court recognized also a role for self regulation in the content of the media, but put forward that self regulation must be effective and credible. In general, media violence is regulated in India according to constitutional values of freedom of speech and freedom of speech and expression, reasonable restrictions for security, interest and social morality, and principle of government that must not harm its society. Major Judgements on Film Censorship and Freedom of Speech K. A. Abbas v. Union of India (1970)11: The Supreme Court Of India has acknowledged cinema as a significant form of artistic expression. It upheld pre-censorship but asserted that restrictions should be reasonable. Bobby Art International v.
Om Pal Singh Hoon (1996)12: The Supreme Court ruled that the realistic depiction of evils in society was necessary to the message of the film and could not be censored simply because it was disturbing. Prakash Jha Productions v. Union of India (2011)13: The Supreme Court held that state governments could not prohibit a film merely because they expected protests, as this would infringe on free speech. Justice for Rights Foundation v. Union of India (2018): The Delhi High Court rejected the petition on the grounds that viewers are free to watch or not watch such content, whereas in cinema there is greater public exposure. The Indian government also attempts to control media violence in India.
In the case of India, the violent material telecasting on television is governed under the Cable Television Networks Rules, 1994, whereas under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in respect of social media and digital media. Such as ... a) Cable Television Networks Rules, 1994, prohibits any program to be placed in the cable service if that program is not consistent with Programme Code containing the rule that no scenes of violence, cruelty and horror shall be shown in television broadcast with giving
11 K.A. Abbas v. Union of India, 1970 (2) S.C.C. 780
12 Bobby Art International v. Om Pal Singh Hoon, (1996) 4 SCC 1
13 Prakash Jha Productions v. Union of India (2011) 10 S.C.R. 496
a broad meaning to the expression 'scenes of violence'. 14 Rule 6(1)(o) states that the no program that is meant to be broadcast on the cable service may nor incite nor provoke violence nor consist of anything contrary to the maintenance of law and order. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: a) Rule 3(2)(b) mandates that social media platforms and digital media cannot host or promote any content that is "patently false and untrue, disparaging, and could incite violence or threaten public order".
b) and mandates that social media and digital media may not host or encourage any of the content which is "grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever". 15 In the said case, Bobby Art International vs. Om Pal Singh Hoon & Ors. (1996)16: the Delhi High Court held that the Cable Television Networks (Regulation) Act, 1995, grants the government authority to regulate cable television network content in India, including the censorship of violent or objectionable material. The Court observed that the Act contains a complaint mechanism for objectionable material, and the government is under an obligation to act upon such complaints.
Sukesh Nair vs State of NCT (2016)17: This is an example of the Bombay High Court’s decision that the Information Technology Act, 2000 provisions can be applied to control violent or objectionable matters on social media websites. The Act was pointed out by the Court for making criminal publication of material if the material commits (grossly offensive or of a menacing character) and even if it is published anonymously. iv. In Moumita Saha & Ors. v. State of West Bengal & Ors. (2018)18, the Calcutta High Court directed the government to take measures for controlling the publication of undesirable or objectionable material on the social media sites. The Court noted that the Information Technology Act, 2000, provides for the criminal liability of the person giving such publication on the social media sites, and law making agencies must act to curb such content on such social media sites.
Although they have many decisions based upon implementation, it is still worth mentioning that the regulation of
14 Television Networks Rules, 1994, Rule 6(1)(a)
15 Television Networks Rules, 1994, Rule 3(2)(f)
16 Bobby Art International v. Om Pal Singh Hoon, (1996) 4 SCC 1
17 Sukesh Nair vs State of NCT (2016)
18 In Moumita Saha & Ors. v. State of West Bengal & Ors. (2018)
these regulations has been criticized for being ambiguous and also not effective in controlling the media violence in India. V. REMEDIAL MEASURES A. Parental guidance and supervision Parents are expected to supervise and regulate the media materials19 that their children are exposed to, particularly the children, which include films of violent. Frequent talks on the material content of films is capable of guiding parents in advising their children's perception of violence and its consequences. Co-viewing may be effective because parents will be able to discuss specific issues or assumptions that their children have concerning violence in the media. B. Media literacy education Teachers need to include media literacy education in school curricula to enable students to develop critical thinking when consuming media content.
Educating students on how to analyze and evaluate media messages can empower them to make informed decisions and resist adverse influences, including glorification of violence depicted in films. C. Violence prevention programs Schools and community organizations need to adopt violence prevention programs that emphasize promoting non-violent conflict resolution strategies and inculcating healthy attitudes toward peaceful solutions. These programs have the ability to counteract the naturalization of aggression seen through media. D. Censorship board (CBFC) The censorship board needs to take the issue more seriously and responsibly to manage and censor the depiction of violence in movies. The policies could be changed accordingly, as depiction of violence in movies definitely has harmful implications on the individuals and 19 Gentile DA, Reimer RA, Nathanson AI, Walsh DA, Eisenmann JC.
Protective effects of parental monitoring of children's media use: a prospective study, 2014, JAMA Pediatr, 168(5):479-84. doi: 10. 1001/jamapediatrics. 2014. 146. PMID: 24686493. society. By adopting these suggestions, parents, educators and policymakers can collaborate to deal with problem of the ill effects of exposure to violence depicted in the media (films) and fostering a healthier and safer society. E. Scope for further research The research suggests further investigation into the correlation between exposure to violence depicted in films and attitude towards aggression in various age groups and environments in India. By enlarging the research scope on this subject and carrying out longitudinal studies, more can be learned for improved policy making for an improved society and suggestions for stakeholders and policy makers. F.
Government initiative Governments need to take the assistance of psychologists in this sense and need to impose some level of censorship on this type of reporting. It is the job of the Governments to ensure money is not the only consideration for media houses and they are keeping social responsibility in mind. VI.
CONCLUSION
The inherently subjective nature of what constitutes offensive or harmful content presents significant challenges in establishing universally acceptable boundaries. For instance, a piece of art that evokes strong emotions might be seen as deeply offensive by certain communities, while others may appreciate it as a form of artistic expression. This divergence can complicate discussions on content regulation. Also, an overzealous approach to censorship can easily lead to moral policing, where authorities may impose their own values on the public, stifling diverse opinions and forcing conformity. This often results in a chilling effect where individuals are hesitant to express dissenting views for fear of punitive repercussions.
Article 19(2) of the Indian Constitution permits “reasonable restrictions” on freedom of speech, but the interpretation of what is deemed “reasonable” is often murky. This ambiguity can result in erratic censorship decisions that vary widely, leading to confusion and mistrust in regulatory frameworks.
The looming threat of legal ramifications or public backlash often compels filmmakers and writers to engage in self-censorship, consequently stifling their creative expression. This phenomenon diminishes the potential of cinema and literature to serve as vital mediums for critique, reflection, and societal commentary. There is a risk that governments or powerful political factions may leverage censorship as a mechanism for suppressing dissenting voices and promoting specific ideological agendas. This manipulation can undermine democratic discourse and distort public opinion. In an age of globalization, particularly with the rise of OTT platforms and accessible online content, enforcing local censorship laws becomes increasingly problematic.
Audiences now have the ability to access uncensored versions of films and television shows from around the world, rendering strict local regulations less impactful and effective. Restrictions on on-screen violence and other contentious content should be grounded in the principle of proportionality, meaning they should be reasonable and intended to serve a legitimate purpose such as safeguarding minors or curbing hate speech, rather than resorting to blanket censorship that stifles artistic expression altogether. Classifying films and content with age-based ratings (such as PG, R, or A-rated) can provide a protective measure for children against exposure to harmful materials while maintaining access for adult audiences who wish to engage with more mature content responsibly.
It is imperative that state interference in the realm of creative expression remains minimal and is exercised only under compelling circumstances where there is a clear potential for harm, rather than as a default response to discomforting content. There is a pressing need to foster an environment in which filmmakers and audiences engage in ethical decision-making. This might include critical reflection on the messages conveyed through media and the implications of those narratives on society. Effective public awareness campaigns, utilizing platforms like social media, educational institutions, and community programs, can help illuminate the potential adverse effects of glorified violence in media. Raising collective consciousness can promote a healthier consumption of content.
Legal frameworks must evolve in alignment with changing societal values while simultaneously safeguarding the fundamental right to freedom of speech and expression. This balance is critical for the continued vibrancy of democratic societies.
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