Freedom of speech and expression Article 19, Cinematography Act 1952 , Film Censorship

1. Freedom of speech and expression
CINEMA AND CENSORSHIP
-By Mohini Bhade
-To Deepak sir

2. Content -
Censorship
Film censorship
What is the Cinematograph Act, 1952?
Section 5(b)of the Cinematograph Act- Definition
Objectives of Film Certification
Organizational setup of CBFC
Types of film certificates
The Process for Certification of Films
Necessary of film certification

3. Censorship
Censorship is the censoring of books,
plays, films, or reports, especially by
government officials, because they are
considered immoral or secret in some
way.

4. The film censorship
The film censorship is technically a Colonial concept. Initially in British India silent films were a
source of private entertainment. However, with the passage of time cinema became an Indian
fancy. Thus, regulations had to be put on the exhibition of films. The first Cinematograph bill
was proposed in 1917 with the purpose of protecting public morality from the exhibition of
objectionable films.
This Act came into effect from 1 August 1920 and it inaugurated the concept of film censorship
in India. The 1918 Act dealt with two issues:
the licensing of cinema houses.
the certification of films according to its suitability for public exhibitions.

5. Post India’s independence in 1947, the new government felt the necessity to retain film
censorship.
However, few amendments were made to the Cinematograph Act 1918 in 1949.
Two categories of film certification were created, ‘A’ certificate for restricting viewership to
adults and ‘U’ certificate for an unrestricted exhibition.
The 1949 amendment also provisioned for the setting up of a central censorship board instead of a
regional one.
In 1951 the Central Board of Film Censor was formed by the Ministry of Information and
broadcasting.
Subsequently, a consolidated statute, the Cinematograph Act was enacted in 1952 which
empowered the central government authority to constitute a censorship board.

6. What is the Cinematograph Act, 1952?
The CBFC is a statutory body which regulates the public exhibition of films in
India according to the provisions under the Cinematograph Act, 1952.
The Cinematograph Act of 1952 enshrines certain guidelines that tame the public
expression of ideas, opinions and imagination via films by filmmakers. Cinema
has opened up to new possibilities and debatable themes in the social and
political arenas. With the rapid technological advancement, it is easy to abuse the
wonders of technology and portray themes that are hurtful to social
conformations

7. Section 5(b)of the Cinematograph Act- Definition
According to the Section 5(b) of the Cinematograph Act “a film shall not be
certified if any part of it is against the interest of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign
States, public order, decency or involves defamation or contempt of court or
is likely to incite commission of any offence”.

8. Objectives of Film Certification
Section 5B(2) lays down the principles to be followed by the CBFC while sanctioning films.
The guidelines require the CBFC to ensure that-
the medium of film conforms to the values of the society.
creative freedom or artistic expression shall not be unreasonably curbed.
the certification must be responsive to social change.
the film must provide clean and healthy entertainment.
the film must be cinematically of a decent standard and is of aesthetic value.
The CBFC must judge the film in its entirety and not from a one-track biased perspective.

9. Organizational setup of CBFC
The CBFC is a bi-level association. It is headquartered at Mumbai and has 9 Regional Offices. These
Regional Offices assist in the examination of films.it is interesting to note that the members of the
Advisory Panel are from different walks of life who are nominated by the Central Government.
Regional Offices of CBFC
The nine Regional Offices have a particular regional officer who supervises it. They are situated at
Kolkata, Bangalore, Chennai, Guwahati, Cuttack, Mumbai, Hyderabad, New Delhi and
Thiruvananthapuram.

10. Board of CBFC
The actual statutory power to certify films lies with the Board of CBFC. The main CBFC
Board consists of a Chairman and other members 12 to 25 in the number who are appointed
by the Central Government. It is interesting to note that there are no prescribed minimum
qualifications required to be a member of the CBFC as under the Cinematograph Act. Tenure
of members is also very flexible and no maximum or minimum tenure is set. The tenure is in
fact subjected to the pleasure of the Central Government. The Central Government can
terminate tenure whenever possible on reasonable grounds. The chairman, however, holds
office for a period of 3 years only. On exception, the chairman continues until his successor
is appointed.

11. Types of film certificates
1. अ (uninterrupted) or U Certificate:- These films can be seen by
the people of all age groups. A film that gets the U certificate does
not contain any kind of pornographic content, violence and abuse etc.
Hence the films of अ /U certificate can be seen sitting with the whole
family. Movies like; 'Hum Aapke Hain Hain Kaun', Bhag Milkha
Bhag and Baghban etc.

12. 2. अ/व या U/A Certificate:- The movies of this certificates falls under the
category of unrestricted public exhibition. These types of movies may
contain violence, obscene language or sexual content.
So the films of this category can be seen by the children of above 12
years in the presence of the parents/guardian only. Films Like;
Bahubali, Ye jawani hai diwani etc got this certificate. It is worth to
mention that this is the most sought after certificate

13. 3. व (Adult) or A Certificate:- “A” means “Adult” certificate is
given to only those films which contain obscene or pornographic
content. So these films can be seen by those who have crossed the
age of 18 years. Examples of such movies are; Dirty Picture, Jism
2 etc.

14. 4. वव (ववशेष) या S Certificate:- It is a special category and
certificate under this category is rarely issued. These types of
films are made for the specific audiences such as engineers
or doctors etc.

15. The Process for Certification of Films
Every application to certify a film for public exhibition will have to be made in writing and submitted to the
regional officer of the concerned regional center in a prescribed form.
On receipt of all the film material, requisite fees and written matter required under the rules, the regional
officer will form an Examining Committee to view the film. The Examining Committee, in the case of a
short film, will consist of an officer of the CBFC and one advisory panel member either of whom shall be a
woman. In the case of a feature film, two of the four persons shall be women.
After the film has been previewed, the CBFC has to ensure that each member gives a report in writing about
deletions, modifications and the certificate the film should be given. The report is then submitted to the
Chairperson who will ask the regional officer to initiate further procedures.

16. However, the Chairperson can refer the film to Revising Committee on his own or on the request of the
applicant. The appeal to the Revising Committee can be made within 14 days of the board’s decision. The
Revising Committee will consist of Chairperson, in his absence, a board member and members drawn either
from the CBFC or the advisory panel. None of the members who were on the Examining Committee can be
on the Revising Committee.
The Revising Committee will view the same film print shown to the Examining Committee without any
changes, and each member will be required to record his verdict before leaving the theatre. The Chairperson
may direct another Revising Committee to watch the film if he/she is not in agreement with the majority
view.
After the applicant is apprised of the decision of the Board, he/she will need to delete any portions (if so
directed) and submit them to the regional officer, along with a copy of the film as certified. Before the board
passes any order affecting the applicant of a film, the applicant is given an opportunity to represent his views
in the matter before the EC/RC.
If the applicant is aggrieved by the order of the board, an appeal can be made to the Film Certification
Appellate Tribunal headed by a retired judge as a Chairperson. The appeal can be made within 30 days of
the board’s decision. The FCAT may hear both the applicant and the CBFC before coming to its judgment.

17. Necessary of film certification
The Supreme Court in a judgment in 1989 said, ‘Film censorship becomes necessary because
a film motivates thought and action and assures a high degree of attention and retention as
compared to the printed word. The combination of act and speech, sight and sound in semi
darkness of the theatre with elimination of all distracting ideas will have a strong impact on
the minds of the viewers and can affect emotions. Therefore, it 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. Censorship by prior restraint is,
therefore, not only desirable but also necessary.’

18. Thankyou