Censorship in India

2023 JAN 20

Mains   > Polity   >   Institutions/Bodies   >   Regulatory bodies

IN NEWS:

  • Central Board of Film Certification’s (CBFC) advised changes to the Bollywood movie “Pathaan” has raised controversies over certification and censorship in India.

MEDIA & ENTERTAINMENT INDUSTRY IN INDIA:

  • The Media & Entertainment industry in India can be broadly classified into print, cinematograph films, broadcasting, and digital media.
  • The freedom of expression under Article 19(1)(a) is interpreted as the right to express one’s opinion by word of mouth, writing, printing, picture or any other manner, including movies.
  • But this right is subject to “reasonable restriction” under Article 19(2): 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.

CENSORSHIP IN INDIA:

Censorship is exercised directly and indirectly via different legislations and authorities:

  • Section 95 of the CrPC:
    • It empowers State Governments to declare publications (satisfying certain criteria) forfeited through a notification and allows Magistrates to issue search warrants for such publications.
  • Cinematograph Act, 1952:
    • Central Bureau of Film Certification (CBFC):
      • CBFC is a statutory body under Ministry of Information and Broadcasting, regulating the public exhibition of films under the provisions of the Cinematograph Act 1952.
      • The Certification process is in accordance with The Cinematograph Act, 1952, The Cinematograph (certification) Rules, 1983, and the guidelines issued by the Central government.
    • Under the Act, any person willing to exhibit any film has to make an application to the CBFC for a certificate:
      • “U”: unrestricted public exhibition
      • “A”: restricted to adult audiences
      • “UA”: unrestricted public exhibition subject to parental guidance for children below the age of 12
      • “S”: restricted to specialized audiences such as doctors or scientists
    • The Certification rules also apply to foreign films imported into India and dubbed films.
    • Doordarshan programmes have been exempted from certification and Doordarshan has its own system of examining such films.
  • Press Council of India:
    • It is a statutory quasi-judicial autonomous authority established under the Press Council Act, 1978.
    • It aims at preserving the freedom of the press by maintaining and improving the standards of newspapers and the news agencies in India.
    • PCI acts as a self-regulatory watchdog for media content at large to assess if it goes against press ethics and the public interest.
  • Information and Technology Act, 2000
    • Sections 67A, 67B, 67C and 69A of the IT Act includes clauses to regulate the digital media.
    • Eg: Section 69A of the IT Act empowers the governments to direct any agency of the government or intermediary to block any information in digital media.
  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021
  • The Cable Television Networks Act:
    • The act mandates a compulsory registration for cable operators and lays down provisions to regulate content to be broadcasted.
    • Failure to conform to the program code or guidelines as prescribed by the rules made under the act (Cable Television Networks Rules) can result in ban on cable operators, channels or certain programs, seizure of equipment and imprisonment.

WHY CENSORSHIP?

  • Prevent threat to public order and social harmony:
    • Citizens of the country as complex as ours have varying needs, requirements and sensibilities. In this scenario, audio-visual representation, particularly of historical or cultural matters, can create friction between communities, gender etc. To avoid this, censoring is essential.
  • Impact on individuals:
    • Audio-visual medium motivates thought and action and assures a high degree of attention and retention as compared to the printed word. Hence, the effect they can have on the people can be far stronger, particularly on the impressionable minds of the children.
  • Protect children:
    • Censoring and certification ensure that children do not get exposed to psychologically damaging matter.
  • Prevent the spread of harmful content:
    • Censorship is useful in preventing the spread of false beliefs or information. It can also be used to curb access to/glorification of harmful activities by preventing their public display. Eg: The censoring of drug usage in movies.

CRITICISM:

  • Undermines individual’s choice:
    • The state considers adults to be capable of making rational decisions on life-affecting decisions on their own, like who to vote for. But the same is not extended to the individual when it comes to deciding what to or what not to watch.
  • Loss of quality:
    • The examining committee is often criticised for censoring a film on the basis of a song or a dialogue in a film and not the context in which it is placed. But cutting out a dialogue or a scene makes viewing meaningless.
  • Affects freedom of expression:
    • Cinema is an artistic expression of ideas, stories and opinions, sometimes inspired by reality around us which are often unnoticed. However, censoring hinders the artistic expression and creative freedom
  • Tool for moral policing:
    • Censorship is often used as a tool to uphold the moral values of the society, especially the regressive views of conservative groups.
  • Colonial legislation:
    • The Cinematograph Act of 1952 was derived from colonial censorship laws. But the world has changed dramatically and the visual literacy levels have gone up. Hence, the law is in need of revision.  
  • Political censorship:
    • Politically motivated appointments in CBFC, abolition of the appellate tribunal for film certification and the proposal to give the Centre powers to “re-examine” films has raised concerns of political censorship. 

Cinematograph (Amendment) Bill 2021:

            It was proposed by the Ministry of Information and Broadcasting, to make the procedure of examining movies more efficient and to curb piracy that threatens the film industry. The significant modifications recommended are:

  • Sub dividing certification of movies under ‘unrestricted public exhibition’ into agebased category as U/A 7+, U/A 13 + & U/A 16+.
  • Proposal to add a proviso to subsection (1) of Section 6, which deals with revisional powers of Central government:
    • It has been proposed that any film that has been certified by the board for public exhibition and the Central government is of the opinion that the film is violating certain principles, then it has the power to direct the CBFC to re-examine the film.
  • The Amendment bill proposes to insert Section 6AA to Prohibit unauthorised recording of a copy of a film or any part of a film.

SHYAM BENEGAL COMMITTEE:

  • The Shyam Benegal committee was set up in January, 2016 to lay down rules and regulations for film certification taking note of best practices in various parts of the world and giving sufficient and adequate space for artistic and creative expression.
  • Major highlights of the report are:
    • CBFC should only be a film certification body. Its scope should be restricted to categorizing the suitability of the film to audience groups on the basis of age and maturity except in the following instances to refuse certification:
      • When a film contains anything that contravenes the provisions of Section 5B (1) of the Cinematograph Act, 1952.
      • When content in a film crosses the ceiling laid down in the highest category of certification.
    • The applicant must specify the category of certification being sought and the target audience.
    • The objective of these guidelines would be to ensure that –
      • Children and adults are protected from potentially harmful or unsuitable content
      • Audiences, particularly parents are empowered to make informed viewing 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 to social change
      • The certification by CBFC keeps within the rights and obligations as laid down in the Indian Constitution.

CONCLUSION:

  • Censorship has no space in a mature democracy. Hence, the CBFC’s scope must be limited to certification.
  • The Film Certification Appellate Tribunal must be re-established. For any film it finds ‘objectionable’, the CBFC should refer it to the Film Certification Tribunal.
  • The tribunal, comprising retired judges, lawyers, filmmakers, writers and artists, must become the sole forum for a considered dialogue with the filmmaker concerning any ‘censorship’ of their work.

PRACTICE QUESTION:

Q.  Critically analyse the role of Central Bureau of Film Certification (CBFC).