CINEMA AND CENSORSHIP LEGISLATIONS: AN OVERVIEW BY - Pooja.S
CINEMA AND CENSORSHIP LEGISLATIONS:
AN OVERVIEW
AUTHORED BY – POOJA.S
DEGREE PURSUING- BA.LLB (HONS), 5TH
YEAR
UNIVERSITY – ICFAI LAW SCHOOL,
HYDERABAD
ABSTRACT
This paper covers highlights the
topic of censorship, their vital need and legal frameworks introduced upon to
regulate and imbibe it.
The fastest growing medium of
communication i.e. Films form an epicenter of entertainment in present era. It
acts as a great influence to all age of audiences and holds in it a great
weapon to impact the society. Film maker’s legal right which is Article 19 of
the Indian Constitution - Right of freedom and expression has also been discussed
in length.
This paper also gives a brief idea of
statuary body- CBFC and their role in regulation, exhibition and circulation of
films. The legal body underlying film censorship is Cinematograph act which
helps to bring stable rules about certification, screening, exhibition,
distribution and also makes divisions according to the primary audience
suitable to watch a particular film. This protects children from viewing
improper, sensitive and violent content. The membership of the board,
inspection of films, advisory councils created are few other important
provisions elaborated in this paper. The tethered connection between film
censorship which is necessary and freedom of the film maker is being examined.
Suggestions is being given to attain balance and extract merits. The evolution
of censorship as well film censorship is also briefed in this paper.
Precedents hold high value and helps
to understand how law is being applied in legal profession. Some important case
studies and recent examples are mentioned in this paper which will show how the
application of law is reformed and important guiding principles are established
in each case.
Banning of films are getting common
and controversy arises for each film in some form. There are violent protests,
ripping of posters, strikes which occurs even after the film is being
certified. There are cases where it happens even after the release of the films
in screens.
Does it impede the basic rights of film
industry people or whether it furthers the cause of censorship? is the major
question which needs to be answered.
CHAPTER 1
INTRODUCTION
1.1 STATEMENT OF PROBLEM
Problem analyzed here is with regard
to the need of censorship and how film censorship plays a much needed vital
role in the present scenario.
1.2 RESEARCH
QUESTIONS
i. What is the
meaning and history of censorship?
ii. What is the
constitutional framework regarding censorship?
iii. How is
censorship applied in cinema industry?
iv. What are the
legal acts which regularize this issue?
iv. Different
Judicial pronouncements on Film Certification and Censorship
1.3 HYPOTHESIS
The possible
hypothesis formulated is to be strike a balance between freedom of speech and
expression and reasonable restrictions which makes it necessary for the
censorship to ensure both are achieved. Cinematograph Act 1952 which fulfills
the purpose by setting up a statuary body – Central Board for Film
Certification
1.4 RESEARCH
METHODOLOGY
The
approach used in this study is of a doctrinal nature and is mainly theoretical,
logical and descriptive. The research's use of reference material i.e., papers,
bills, legislatures, books, law magazines, publications, and interpretation of
judicial decisions are mostly secondary. The analysis is qualitative as it
attempts the concepts already set out by legislation to be analyzed and, where
possible, to propose better alternatives.
1.5 RESEARCH PLAN
The research
objectives that this paper will deal with are given below:
·
To
understand the meaning of censorship.
·
To
be familiar with the meaning of cinema censorship and certification.
·
To
understand Article 19 i.e. “Freedom of Expression and its restrictions
·
To
learn about cinematograph act, their objectives and application.
·
To
study various case studies related to censorship and cinema
CHAPTER – II
BRIEF IDEA OF CENSORSHIP
2.1. MEANING:
The term
censorship comes from the Latin term “censere”
which means to give one’s opinion or to assess. In ancient Rome, the censors, two Roman
magistrates, took the
census and regulated the customs and
morals of the citizens.
Censorship is declared as a tool imposed by
public authority designed to maintain fair control over what enters the public domain and
how that information
or data satisfies certain generally accepted standards of maintaining harmony, peace and
social order. The opinions/ ideas / information which are objectionable,
sensitive, controversial, violates public morality, promotes indecency or give
rise to negative consequences are prevented.
It also controls spread of false information. [1]
Censorship is a much-needed reasonable restriction
imposed on the general public by
the competent authorities to limit freedom
of expression. This includes reviewing media that may be considered pornographic,
politically offensive or
a security threat. It can be applied to as books, magazines, newspapers, movies, radio,
television, speeches, comedies, plays, art, music, dance, literature,
photographs, mails, websites, etc.
There are
different forms of censorship which are - Preventive censorship which is applied
before it has gone to public eye. It consists of self- censorship, pre
censorship, government licensing and prohibitions that are done in prior. [2]
The other type
of censorship is punitive which is exercised after it is made public.
Some pros of
censorship are it helps to prevent disharmony among people, preserve security
of state people and also helps in maintaining morality, decency, spread of
accurate information and also provides age restriction which prevent children
from viewing disturbing content. An important disadvantage of censorship is
that it can act as an barrier to free speech and expression and its subsets
like right to broadcast, right to press etc.
2.2 CONSTITUTIONAL FRAMEWORK
Article
19(1)(a) of the Constitution states that “all citizens shall have the right to
freedom of speech and expression”. However this freedom is not absolute. They
are subject to “reasonable restrictions” for certain purposes which are imposed
under Article 19(2) of the Constitution of India.
It reads “Nothing in sub clause (a) of
clause (1) shall affect the operation of any existing law, or prevent the State
from making any law, in so far as such law imposes reasonable restrictions on
the exercise of the right conferred by the said sub clause in the interests of
the sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality or in relation
to contempt of court, defamation or incitement to an offence” [3]
As mentioned before,
the few objectives of
censorship are to ensure public
order and protect the interests
of certain circles, etc. Therefore, the relevant
authorities can censor the content based on the circumstances of
the situation, and
they would be protected by reasonable
restrictions.
Thus, no form of censorship is against constitutional values. As long as they can be demonstrated with reasonable restrictions, the freedom of speech and expression guaranteed in Article 19(1)(a) is not violated [4] Censorship means following the rules of law which dictated framework for constitution. The legislation of the rule of law states that every action must be executed in accordance to the procedure established by it.
The Censorship process applies within the provisions contained in the limitations of Article 19(2)
in accordance with the principles of the rule of law.
2.3 CENSORSHIP FRAMEWORK
IN INDIA
Code of Criminal Procedure (Cr.P.C): Section 95 of the Cr.P.C gives power
to the state government to forfeit certain publications and also to punish for
any printed material which may cause harm to state. Search warrants can also be
issued by the magistrate under this section. (new act amendment)
Press
Council of India
is a statutory,
quasi-judicial body (Press Council Act, 1978.) and self-regulatory body for the
press and regularizes what comes to the public eye.
The
Cable Television Networks Act infiltrates the content which are
broadcasted. The provisions for compulsory registration of cable operators,
content regulation, certification of film and banning the cable operator are
laid down. [5]
Social Media Platforms and the New IT Rules, 2021: At present, the Information and Technology Act, 2000 regulates social media
usage, and Sections 67A, 67B, 67C and 69A, in particular, include
the specific regulatory clauses. IT (Intermediary Guidelines & Digital
Media Ethics Code) Rules, 2021 came into force after this amendment which
include new compliance and grievance redress mechanisms for social media, OTT,
digital news and online messaging apps
CHAPTER –III
FILM
CENSORSHIP
3.1. FILM AND CENSORSHIP CORRELATION:
Today,
movies have great
power to influence society and bring about social change. It is an effective way to communicate different ideas. It also acts a vehicle for depicting societal issues
on public display in a broader context. It acts a tool for social
transformation and change. It also serves as both an inspiration and a moment
for introspection.
With the advent of technology
and science, cinema underwent drastic changes that made it wider and as a result reaching the masses. Film is a central form of entertainment and
can easily influence an audience. That makes it all the more important that films conform to certain standards to avoid various controversial problems such as sharing
wrong information, instigating discord
between social communities etc.[6]
It is important to note that the films are a mode of expression and falls under article 19 (Fundamental rights). But these are not absolute rights and therefore have certain restrictions. Censorship helps to achieve this objective of restricting Improper content.
Film
censorship is also
vital to protect children from
exposure to inappropriate content
for their age. This is
usually done by a certified rating board that classifies films by age.
In India, the Censor Board censored films to remove any negative content. The goal is to make the film suitable for the target audience. A certificate is issued to each film, which prescribes the audience for that film.
In India, the Censor Board censored films to remove any negative content. The goal is to make the film suitable for the target audience. A certificate is issued to each film, which prescribes the audience for that film.
3.2 HISTORY OF FILM CENSORSHIP
In 1917, the Imperial Legislative Council introduced a
bill stating that cinema was rapidly growing in popularity and
therefore suggested creating a
law that would ensure both security and "the protection of the
public against indecent
or otherwise questionable
representations"
In the
Cinematograph Act of 1918[7], Censorship was imposed as British rulers
wanted to ensure that the movies fulfill their colonial objectives.
In 1920, Regional Censor
Boards, which were "theoretically independent, had
comprehensive guidelines on 'sensitive subjects', 'relevant'
subjects and 'forbidden scenes' in 'foreign films'. In order to apply this, provincial censorship boards
were placed under the control of the police commissioners of Bombay, Calcutta,
Madras, Rangoon, and Lahore
In 1948, the Bombay and
Madras Film Censor Board issued the so-called Production
Code, which provided guidelines to filmmakers to feature
films. The Code was created ostensibly to ensure that
cinema fulfills its role in the development of a healthy culture.
After the Cinematograph (Amendment) Act of 1949[8], two new censorship certificate classifications were formed: a “A” certification that limited cinema viewing to adults over the age of 18, and a “U” certification that indicated the picture was appropriate for unrestrained public display.
The Cinematography Act of 1918
was repealed and replaced by the Cinematography Act of 1952. Over the
next few years, the Central Board of Film Censors (CBFC,
renamed the Central Board of Film Certification in 1983)
was established which abolished the regional boards. This helped to
overcome the regional variations and form a uniform code.
CHAPTER IV
THE CINEMATOGRAPH ACT, 1952
4.1 LEGAL PROVISONS
The Cinematography Act, 1952 ensures
that the films get certified before it is let into the public domain. It
fulfills the purpose of censorship. This act gained it validity from the
landmark case of K. A. ABBAS V UOI, where it was held that pre censorship is
valid. It was also stated that motion pictures stir more deep emotions than any
other form of expression.
OBJECTIVE OF ACT
1. To ensure healthy
entertainment, recreation and education
2. To certify film
for public exhibition
.3. To make
certification process transparent and responsible
4. To create
awareness among Advisory Penal, Media, Film Makers about guidelines for
certification and current trends in film
Section 2 of the Act prescribes various definitions
for the purpose of this legislation. In such regard,
‘cinematograph’ is defined as “any apparatus of visual representation in motion
or series of pictures”, ‘adult’ has been taken as “any person who has completed
eighteen years of age”.
CENTRAL BOARD OF FILM CERTIFICATION
The Central Bureau of Film Certification (CBFC) is
a statutory body operational under the
Cinematography Act, 1952. The Act of 1952 along with the Cinematographic
Rules, 1983 and the Central government guidelines of 1991 set out the manner in
which movies are to be exhibited in the country. [9]
Section 3 of the act talks about establishment of
board, where the central government is empowered to form a board of film
certification consisting of a chairman and other members. This board
was formed to view pre-screened films and certify them as suitable for
public exhibition.
The central
government has the authority to decide the remuneration of the board
and members according to the number of participants in the board meetings.
(Section 4) – Inspection of films: of
the Act provides for the procedure for inspection of films by the Board before
release.
The board consists of maximum of 25
members (appointed by information and broadcasting ministry) along with 60
members who act as an advisory panel. They aid and advise the members. The CEO
will be the head of administrative affairs.
Once
an application has been received the Regional Officer, he shall appoint an
Examining Committee which consist of 4 members and an examining officer. Among
the members, it is mandatory for two of them to be women.
The board follows a prescribed procedure where
every person intending to release a film submits an application for a
certificate after the film is viewed for the examination of board. The
film will get sanctioned into public exhibition after the entire screening
process is over. It also gives sanction to movies according to their target
audience which includes viewership restricted based on the content shown in
movie. This applies to films intended for adults only. [10]
The board has the right
to make necessary changes, deletions, modifications, alterations to the film
before accepting the film for public exhibition. These cuts need to be
communicated to the applicant. It can
also directly refuse to exhibit the film in public. Any action may be
taken after the filmmaker has been given a reasonable opportunity to explain
his views on the matter.
The censor board shall take maximum
of 68 days from date of application to issue the certification for the film
submitted after the required cuts are made.
Presently, this process has
been made more accessible and transparent. If the applicant is still dissatisfied
with the certification issued, they can approach the Revising Committee. Further, appeals are made to the appellate
tribunal and the court.
Section 5
of the Act authorizes the central government to form advisory councils in
relation to regional centers to assist the board in the performance of its
duties. Membership is decided by the board, and each member is qualified to
judge the effectiveness of each film presented to the public.
4.2 FILM CERTIFICATION
WHY IS IT NECESSARY? While the media in our country are free, it is absolutely mandatory
that in the general interest to examine the material when it comes under the
ambit of public use. There is a need to have certification for films as the
effect that the audio-visual medium can have on the general public are
considered to be far stronger than the influence generated from the published
material.
“Film certification is thus the end product of the process of previewing
of film and it includes a decision either not to allow a particular film or
public viewing or to allow it for public viewing with certain deletions and /
or modifications or at least proper categorization of the films” Furthermore, it is to assure that the
kids do not get exposure towards any improper or damaging content.
The Supreme Court in a judgment in
1989 said that “the films has as much
potential for evil as it has for good and has an equal potential to instill or
cultivate violent or good behavior. It cannot be equated with other modes of
communication. Certification by prior restraint is, therefore, not only
desirable but also necessary”.
OBJECTIVES:
the underlying context and the mode
of the film is sensitive to the values of the society and conform to the
standards, the freedom to the artists not to be restricted, social changes are
a factor to be considered in regards to certification and the film must have an
aesthetic sense to it.
Section 5A - Procedure for certification of the films after
thorough screening in the manner prescribed. There are numerous certifications
given to a movie by the Central Board in regard to the contents of the film
being suitable for a specific target audience.
The categories in which the CBFC
divides movies for display are:
-The film is suitable for
unrestricted public exhibitions (fit for ‘U’ certificate.). The theme of the
film may contain universal content like education, family, morals etc.
-The film is suitable for
unrestricted public exhibition subject to parental guidance for children below
12 years. (Fit for ‘UA’ certificate). They may have mild adult content and
vulgar scenes.
-The film is suitable for public
exhibition which is restricted to adults, (fit for ‘A’ certificate) and might
contain violent, abusive language and sexual acts which is improper for younger
audience.
- The film is suitable for public
exhibition restricted to members of any profession or any class of persons
having regard to the nature, content and theme of the film, (fit for ‘S’
certificate) like doctors, lawyers etc. [11]
The board also examines the film from
the perspective of public order, morality, decency and defamation.
In addition, they also consider laws
relating to the showcase of cigarettes and tobacco, the usage of drugs and
substances, the prevention of cruelty to animals, the use of national emblems,
names and other important matters of nation.
Section 5B – Guidance in certification of films
the powers of the Board
or any other authority to not issue the certificate for public exhibition if it
is of the opinion that the film vitiates the national interest of the country
with regard to the sovereignty and integrity of India, or effects/ affects the
friendly relations with other states, public order, morality, decency
or/defamation / contempt of court / any incitement to the commission of an
offence.[12]
The government can
also issue directions that guide the principles which shall guide the authority
competent to grant the certificate.
BOARD MUST ENSURE THAT – Anti social activities not
glorified, modus operandi of criminals which incite a person to commit offence
are not depicted, scenes which involve children as witness to violence
Scenes that –
glorify drinking, drug addiction and tobacco consumption, horror scenes that
dehumanize people, depict child and animal abuse, ridicule handicapped people,
degenerate women, involve sexual violence are not to be shown.
Visuals / words that
are promote communal, anti-nationalist attitudes and instigate conflicts of
racial, religious group to be avoided.
OTHER DECISION GUIDING PRINCIPLES –
The board must judge
film’s overall impact and view entirely, examine in the standards and the
period depicted by the film.
While certifying
certificate – if U certificate, make sure it is suitable for family audience
and small children, caution if needed to parents regarding allowing children
below 12 years, can be restricted to be viewed only by a class of people,
scrutinize the title of the film. [13]
Section 5C - APPEAL: any
person applying for a certificate for a film and get aggrieved by the order of
court can prefer an appeal to the tribunal within 30 days of that order.
Statement of reasons must be attached.
Section 5D – Film Certificate
Appellate Tribunal
It is a quasi-judicial
body which hears appeals
against any order of the CBFC. This Tribunal is based in New Delhi. It is
headed by chairman who is a retired High Court judge or a person who is
qualified to be judge of a High Court. 4 other members are appointed by
the Central Government for a period of three years. They include bureaucrats,
politicians and lawyers. The FCAT is thus a quasi-judicial body
Section 5E – SUSPENSION AND REVOCATION OF
CERTIFICATE: Central government can suspend or revoke the certificate granted
to any film for a fixed period and also revoke it after being showed in the
form for which it was certified. [14]
Section 5F – REVIEW OF CENTRAL GOVERNMENT
ORDER: the order of central government can be asked for review by an applicant
aggrieved by the order who files the application within 60 days from the date
of publication in the official gazette.
COMMITTEE
AND THEIR FINDINGS:
A) MUDGAL COMMITTEE (2013)
The
committee noted that "the current procedure
for appointing advisory board
members, their qualification criteria
and general quality
of work is far from
satisfactory. In some places, the members
of such an advisory board do not grasp the context of the
submitted film at all and only focus on their work as censor board and do the
cuts. Therefore, the Committee first recommended that such a panel should be renamed from ``advisory panel'' to ``screening panel''
It then
recommended that "the
government set up a nine-member
committee to ensure linguistic
diversity with at least
two female members.
The Committee also suggested a move towards
internationally prevalent practice of “age-based classifications and certifications”. It came
forward with a revised form of classification.
B)
SHYAM BENEGAL REPORT (2016)
On 1st
January 2016, “a committee was set up under the Chairmanship of Shri Shyam
Benegal to lay down norms for film certification which gives opportunity for
creative expression and lay down regulations to follow and recommend more
improved services.
Children and adults are prevented from
watching potentially harmful / unsuitable content and the audiences are given
the ability to make informed decisions.
“Artistic expression and creative
freedom are not unduly curbed in the process of classification of films;
the process of certification by CBFC is responsive, at all times, to social
change”.
They also recommend a more efficient
staffing service with adequate qualifications.
4. 3 OBSCENITY
The concept of obscene basically
means “anything which inhibits a primary appeal to lustful or voyeuristic tendencies.
Or any work; literary, artistic or otherwise, that offensively/indecent in a
obvious way shows or outlines sexual conduct. It can also be defined as an
indecent expression which could be displayed through words, actions or gestures
[15]
The word obscene
came from a Latin term Obscenus which means ‘offensive’
especially modesty. The Oxford dictionary defines obscene as “offensive or
disgusting by accepted standards of morality and decency”,
It can be stated that censorship of a
movie can be done if it is found to be obscene in nature and therefore the
public display needs to be restricted. Most of the films which contain scenes
which may be conflicted as obscene are given A certificate by the board making
it proper only for adult viewership.
TESTS TO
DETERMINE OBSCENITY
HICKLIN TEST: Regina v. Hicklin (1868):
The bench held to observe “Whether the tendency of the matter is to
deprave and corrupt those whose minds are open to such immoral influences and
into whose hands a publication of this sort may fall”.
In the landmark
judgment of Ranjit Udeshi v., the State of Maharashtra (1964) the
Supreme Court applied the Hicklin test to assess whether a book seller was
liable to sell obscene books.
LIKELY AUDIENCE
TEST: Output / reaction of the likely audience to the obscene material is
considered and the impact it causes must be taken into account for
determination.
LITERARY MERIT AND
PROPENDERATING SOCIAL MERIT TEST: the question as to whether the material
solves any social purpose or contains any literary merit to be noted.
COMMUNITY STANDARD TEST/ MILLER TEST:
Based on the US Supreme Court’s
decision in Miller v. California
(1973), this test is applicable in the US. As per this test, a work can be considered as obscene if it
satisfies the following conditions:
o The average person, applying
contemporary community standards, would find that the work, taken as a whole,
appeals to the prurient interest.
o The work depicts, in a patently
offensive way, sexual conduct specifically defined by the applicable state law;
o The work, taken as a whole, lacks
serious literary, artistic, political or scientific value.
In case of Aveek Sarkar vs. State of West Bengal:
the Supreme Court abandoned the age old ‘Hicklin test’ and adopted the
‘Community Standard test’ to determine obscenity of a material containing nude
/ seminude woman.
In many landmark cases like Bobby art
international case, K.A Abbas case, Raj kapur and others case which contains
the concept of movie censorship, these tests of obscenity are being applied by
the court to give proper and justified judgments. These case Judgments will be
further elaborated in the next chapter of this paper.
CHAPTER V
CASE STUDIES
1)
K.A abbas v Union of India
This is the first case
where the question of film censorship
arises. The Supreme
Court regarded the
pre-censorship of films as a crucial issue
in connection with the fundamental right to freedom of speech and expression that is protected by 19 (1) (a) of the
Constitution.
The petitioner
challenged the Film Censor Board's decision to refuse him and a U certificate from the movie, "The Story of Four Towns people. While the case
was pending in the SC, the central
government issued U certificate if certain cuts were made to the film. Hidayatullah, C.J. made it clear that censorship
of films including pre-censorship was constitutionally valid in India as it was
a reasonable restriction within the ambit of Article 19(2).
The apex court also held that a motion picture
is “able to stir up emotions more deeply than any other product of art.” The
bench also stated that films must be dealt with differently from other forms of
art and expression in accordance with Article 19(2) of the Constitution. This
restriction must be “in the interests of society”. If the power is abused, then
the same must be questioned.[16]
2)
Bobby Art International v. Om Pal Singh Hoon, 1996
This case is better known
as the Bandit Queen case. In this case, The SC upheld the freedom of speech and
expression under Article 19(1). The petitioner claimed that the portrayal of
the film shall be restricted for its nature of depiction of the life story of a
bandit, Phoolan Devi in the film, depiction of rape scenes, image of Gujjar
community etc. . [17]
The SC observed that “a
film cannot be restricted simply because the content is obscene, indecent or
immoral. The abusive language or nudity in the movie was to further the case in
regards to real life of Phoolan Devi”. The movie was issued ‘A’ certification
under Section 5(B) with restricted viewership for adults only.
3)
Rangarajan v. P. Jagjivan Ram
The Madras HC revoked the
‘U-Certificate’ issued to a Tamil film called ‘Ore Oru Gramathile’ in this
film, The reservation policy in employment was being criticized as it was
unfair to Brahmins and was caste basis. it stated that the criteria to be
financial deprivation rather than caste. [18] The SC upheld the freedom of speech and
expression. It stated that “democracy is a government by the people via open
discussion. The democratic form of government itself demands its citizens an
active and intelligent participation in the affairs of the community.”
In this case, the
exhibition of the film 'Bombay' in its Telugu (the official language in the
State of Andhra Pradesh) version was suspended in exercise of the powers
u/Sec.8(1) of the A.P. Cinemas Regulation Act,1955, despite being given
certification by the Censor Board for unrestricted exhibition (U/A). This
suspension was imposed to further the cause that it may lead to hurting
sentiments of some communities. The Court found that the authorities who passed
the order for suspension did not watch the movie. Hence, the Court quashed the
order as being arbitrary and not based on proper proof.
In this case, Doordarshan
refused to telecast a documentary film on the Bhopal Gas Disaster titled
'Beyond Genocide', in spite of the fact that the film won Golden Lotus award,
being the best non-feature film of 1987 and was granted 'U' certificate by the
Censor Board. The matter came before the Supreme court where court held that
"Merely because it is critical of the State Government is no reason to
deny selection and publication of the film. So also, pendency of claims for
compensation does not render the topic sub-judice so as to shut out the entire
film from the community."
6)
Other cases:
In the
movie kerala story,
it has been said to purport false information regarding the women count that
went through the conversion to Islam. The SC rejected the plea to ban the film
but allowed the High Courts to take a decision on the same.
The Tamil drama film “Kuttrapathirikai” (2007), was
not allowed to be released until 2007 as it exhibited the killing of Former
Prime Minister Rajiv Gandhi as a backdrop.[21]
the Tamil
movie “Vishwaroopam” also faced criticism, the title of the movie was
criticized and despite having a valid certificate, the some of the higher
officials of State of Tamil Nadu ordered theatre owners not the screen the
movie due to demands of the group of Muslims.[22]
In 2006 Aamir
Khan’s movie “Fanaa” faced violent protest and an unofficial ban in the State
of Gujarat for lending his support to Narmada Bachao Andolan[23]
Udta Punjab” was met with strong criticism from the CBFC since
it dealt with the Punjab government's incapacity to control the drug mafia. The
picture had to make huge amount of 89
cuts in order to get certified. After the HC heard the case and suggested only
one cut, a leaked copy of the film circulated online with a "censor"
marking, causing even more controversy.
The film “Oh My God” was criticized
as it attacked certain rituals of religion and commercialized it. This led to
the burning the posters of movie and theatres which exhibited the film were
vandalized. Criminal Case was filed. Due to threats of physical violence,
several cinema halls decided not to screen the film.
Like this there are several
instances, where court has to balance the right of film maker and also protect
the general public. Many films faced ban and struggle in order to be released and
therefore strict regimes need to be made to strike harmony between the rights.
CHAPTER
VI
6.1.
CONCLUSION
It is important to find a healthy balance between freedom of expression and the duty to maintain social harmony. The
Certification Board should keep the same in mind. Movies, the central medium
of ideas and expression, should not be hindered by any limitations. However, it is necessary to check how these
concepts are spread. The process of expressing opinions must not endanger the peace and
security of the community, which is of the greatest importance.
Movies
are one of the popular forms of entertainment and can influence people easily.
Therefore, restrictions under Article 19(2) are vital and censorship process of
the board is of great importance. Cinematograph act fulfills the objective and
norms behind this purpose.
6.2 SUGGESTIONS
The CBFC should be guided by the following principles:
- The mode of the cinema must remain responsible
and sensitive to the ethics and standards of society.
- Artistic expression and creative freedom should
not unduly be curbed and certification should be responsive to social
change.
- The film should be examined in regard to the
period , theme , content shown in the film and should know the impact it
will cause in society.[25]
Shyam Benegal committee was setup by
the Government of India in January 2016 norms
-
“Certification
Board should restrict its domain only to certification of films
-
The
Committee also suggested that the role of the Chairman of the Certification
Board should be curtailed to be of advisory nature only. The Committee also
suggested minimizing the size of the Board keeping in mind its limited
functions.”
-
BIBLIOGRAPHY
LIST OF ABBREVIATIONS
AIR – All India
Report
CBFC – Central Board
of Film Certification
CJ – Chief Justice
HC- High Court
SC- Supreme Court
SCC – Supreme Court
Cases
LIST OF STATUTES
The Constitution of
India 1950
The Cinematograph
act 1918
The cinematograph
act 1952
Press Council Act,
1978
Social media and New
IT rules 2021
CASES SITED:
Bobby Art International v. Om Pal
Singh Hoon, 1996
K.A abbas v Union of India
Rangarajan v. P. Jagjivan Ram
Sree Raghavendra Films v. Government
of Andhra Pradesh,
Life Insurance Corporation of India v.
Prof.Manubhai D. Shah
Regina V Hicklin
Ranjit Udeshi v State of Maharashtra
Miller v California
Aveek Sarkar v State of west Bengal
REFERENCES
+ Satyam rathore, A
critical overview of censorship in Indian cinema in the light of role of CBFC,
Bharati Law Review
+ sukanta k. Nanda, International Journal of Science, Technology and Management
+ sukanta k. Nanda, International Journal of Science, Technology and Management
+ Madabhushi
sridhar, MEDIA LAW REVIEW, 2010,
+ subhradipta sarkar,
Banning Films or Article 19(1) (a), Legal Services.
+ International journal of law management &
humanities
+ Case study: film
censorship in india | Panda | Scholedge International Journal of Business
Policy & Governance ISSN 2394-3351
+ Juris Corpus Law
Journal - Paper On “an introspection of film censorship in india”
+ Report of the
Committee of Experts to examine issues of certification under the Cinematograph
Act, 1952
[1] Research paper on “MEDIA AND
CENSORSHIP WITH REFERENCE TO CINEMATOGRAPH ACT”1952 by Simrandeep singh
[2]
Article on “Legality of Censorship in movies” published in Prima Legal
[3] Constitution of India
[4] Article on “LEGALITY OF CENSORSHIP
OF MOVIES IN INDIA – A CLOSER LOOK” published in Prime Legal
[5]
Article on “Censorship regime in india”
[6] Article
on “LAWS GOVERNING CENSORSHIP OF MOVIES IN INDIA” published in Iblogpleaders
[7]
Cinematograph Act, 1918
[8]
Cinematograph Amendment act of 1949
[9] Paper on “A critical Analysis of
censorship issues in Indian cinema and its challenges” – International journal
of Law Management and Humanities
[11]
Article on “Film censorship in India vis-a-vis CBFC: A Detailed analysis”
posted on Legal Insight.
[12] Paper on “Censorship in Indian
cinema- A critical overview” by Roma Gill
[13]
Central board of film certification, government of India
[14]
Cinematograph act 1952
[15]
Article on “Obscenity or absurdity – the unclear laws of India” in Haryana
Police Journal.
[17] (1996) 4 SCC 1
[18]
1989 (2) SCC 574
[19]
Article on “Censorship of films – constitutionality” By Utkal University. (1995)
2 ANDH LT 43
[20] AIR
1981 GUJARAT 15
[21] High
Court judges to see
`Kutrapathirikkai'http://www.thehindu.com/todays-paper/tp-national/tptamilnadu/article3050604.ece
[22] Vishwaroopam:
Madras HC upholds ban, Kamal Haasan to move SC, The Times of India, http://timesofindia.indiatimes.com/india/Vishwaroopam-Madras-HC-upholds-ban-Kamal-Haasan-to-moveSC/articleshow/18255485.cms?referral=PM
[23]
Paper on “Law Relating To Censorship in India A Critical Study With Special
Reference To Films” by Singh,Rachi , Amity university Haryana.
[24] Fincher,
David, "The Girl with the Dragon Tattoo cancelled in India". Guardian
News and Media Limited