MEDIA LAW

FINAL SUBMISSION
Topic: A CRITICAL ANALYSIS OF CBFC WITH SPECIAL REFERANCE
TO CENSORSHIP IN INDIA

SUBMITTED BY:
SHREY SINGH (15010323179)
DIVISION: B
CLASS: BA.LLB.
On:
25TH MAR, 2019
Under the guidance of:
Prof. HIFAJATALI
Symbiosis Law School, Hyderabad
Symbiosis International University, Pune

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 ABSTRACT
“Freedom of speech and of the press lay at the foundation of all democratic organizations, for
without free political discussion no public education, so essential for the proper functioning of
the processes of popular government, is possible.”
- JUSTICE PATANJALI SHASTRI

If we make a list of things that are banned in India we would come across usual stuff like porn,
homosexuality, and the recent ban on beef meat but what would be an unbelievably strange
addition to the list is the ban on over hundreds of films. Yes, India has become quite famous
recently for becoming too strict on cinematic liberties. Be it the North or the South, India has had
its fair share of films like recent controversial hot topic, Padmavati. Also, apart from facing bans
certain films have to deal with (mostly) unjust censorship policy taken up by Central Board of
Film Certification (referred to as CBFC). With various questions being raised on the basis of these
bans and censors the real challenge lies when it is matched up with the facets of law.

Freedom of speech & expression is an important piece of legislation in the Indian constitution
which serves as the ultimatum in this regard. A few recent happenings have forced the people to
question its latent existence and the “freedom” it practically guarantees. Down the line this aspect
of law needs immediate attention for the necessary progress of our country in terms of unrestricted
quality filmmaking.

These laws are so broadly classified that cases can be impossible to quash, because it is difficult
for a judge to take the view that some of speech does not promote hatred between groups. There
is no chance that these laws can be struck of the legislations. Politically, nobody will do it,
because we have such a huge vacuum of leadership that nobody has the guts to step up and
suggest such changes.

Further the author in the research project will deal with the pros and cons of the existence of the
CBFC. Further the research project will deal with the critical analysis of censorship in the
entertainment field in our country. The changes need to be done in the CBFC structure for its
better and the author will also discuss ways for efficient working of the censor board in our
country.

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RESEARCH METHODOLOGY
OBJECTIVES
The primary objective of this research work is to:

 Examine the role and powers of CBFC & Government(s) in censoring and banning films.
 Establish the bridge between law and cinema.
 List out the reasons that caused bans in the past and its standing.
 Suggest few practical solutions to tackle the problem of bans and unfair censorship.

Further the research project will deal with the critical analysis of censorship in the entertainment
field in our country. The project will take in account all such important aspects and details of the
same.

RESEARCH QUESTIONS

 What are the challenges faced by the Entertainment industry in our country because of
the regulation and workings of the Censor Board?
 What is the relevance of Censor Board of Film Certification in India?
 Comparative Analysis among different nations and India in relation with the film
censorship and CBFC regulations?
 Suggestions in the view of efficient and effective working of the Censor board in our
country?

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 CHAPTERISATION
CHAPTER I Introduction
CHAPTER II History and Establishment of the CBFC
Research Question 1 - Challenges faced by the Entertainment
CHAPTER III industry in our country because of the regulation and workings of the
Censor Board.
Research Question 2 - The relevance of Censor Board of Film
CHAPTER IV
Certification in India

Research Question 4 - Suggestions in view of efficient and effective

CHAPTER V
working of the Censor board in our country.
CHAPTER VI Conclusion
CHAPTER VII Bibliography

HYPOTHESIS

With this project, a conclusion will be drawn regarding the issues and challenges of the Indian
Film industry due to regulation of the Censor board in our country. It would deal with Regulation
regarding the censorship as well as a comparative analysis between the nations. The project shall
be concluded with the suggestions in view of efficient and effective working of the Censor board
in our country.

MODE OF CITATION

The project will follow a uniform mode of citation.

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 CHAPTER-1

INTRODUCTION

The term 'censorship' comes from the Latin 'censere' meaning to give one's opinion, or to assess.
In ancient Rome the censors, two Roman magistrates, conducted the census and regulated the
manners and morals of the citizens. Censorship's may be applied to both written and oral
communications. Its span encompasses books, magazines, newspapers, radio, TV, movies, dramas,
paintings, plays, speeches, dance, music, art, literature, photographs, mails, emails, websites etc.
deemed to be offensive, indecent, obscene and sexually explicit.

Cinema most notably seems to possess continually grabbed the eye of countless lots across the
world. Protrusive it in concert of the foremost important sources of diversion and data, the cinema
not solely rejoices a awfully prime positioning within the property right however additionally is a
tool in impacting the minds and hearts of individuals worldwide. Completely different age teams
be it the kids, teenagers, matured people, or the aged ones, cinema is cherished by virtually
everybody and is additionally known because the mirror of the society.

Cinema secures an important exchange the social perspective because it is taken into account to
be one among the foremost significant portrayals of ideas, belief, culture, perceptions, norms etc
by means of providing amusement to everybody. This portrayal if lacks applicable direction and
not brought for thin an accountable manner, would hamper the peace, order and discipline of the
society.

Therefore, associating ourselves with the higher than issue, we will deduce that censorship and
certification of films would play a significant role during this context. India is that the largest
screenland within the world manufacturing over 900 feature films moreover as large amount of
short films per annum. Theatres witness audiences as immense because the country’s population
each 2 months. Films involve a massive quantity of investment as lakhs of individuals create a
living out of it. Thanks to the competition increasing globally not to mention the urge to sustain
within the longer run, the film- manufacturers try and place their best effort to confirm that the
merchandise they endeavor to bring forward is decent to earn them their returns.

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During this method, they often thanks to over- excitement and zeal induced in them find yourself
manufacturing films which could be appealing and liked by a particular cluster or perhaps end in
robust opposition and revolt by some as a consequence of discontentment or contradiction of views

CH-II

CBFC AND ITS ESTABLISHMENT

The Central Board of Film Certification (CBFC) is a legal censorship and categorization body
established under the Ministry of Information and Broadcasting, Government of India. The board
has been allocated the authority of controlling the public presentation of films as per the provisions
of the Cinematograph Act 1952.

It offers the flexibility to each subject to require a breakthrough and voice their opinion from
every nook and corner of the country.

Freedom of Speech and Expression is a fundamental right guaranteed to all the citizens residing
within the territory of India under article 19 (1) (a) of the constitution.

This right permits the individuals to suppose and additionally offers them the privilege of
creating their views and ideologies acknowledged by everybody within the society. Thus,
encouraging completely different propositions to be detected that motivates in boosting the
expansion and development of the country. These restrictions area unit incorporated within
the scope of this text within the interests of the sovereignty and integrity of India, the protection of
the State, friendly relations with foreign states, public order, decency or morality or in relevance
contempt of court, defamation or incitement to Associate in nursing offence.
When we mention the correct to freedom of speech and expression, say that the assorted aspects
of media together with the print likewise because the electronic particularly during this era
are enjoying the role of key contenders, keep the folks hip and updated concerning everything
happening around them. It’s essential for the media to require into consideration the
repercussions that may ensue within the country, whether or not it's writing a piece within
the newspaper, giving a speech within the public sphere or screening of a picture show during a
theatre. It is to be noted that the importance of media cannot be denied nowadays because
it beyond any doubt assists every individual to develop a powerful understanding associated
with varied problems going down within the country together with education, poverty, crime,

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growth and development, health and sanitation, politics etc. however whereas utilizing this right
secure by the constitution one ought to bear in mind that this right isn't taken with no
consideration and so as to verify an equivalent the constitution has set bound restrictions as
mentioned on top of.

The CBFC has to ensure that any movie before it is screened has showed compliance to the
following requisites:

 The medium of the film remains answerable and sensitive to the societal morals and
standards.
 Artistic expression and the liberty of creativity are not excessively restrained.
 Certification is responsive to social changes.
4. The movie provides clean and healthy entertainment.
5. The film is of aesthetic value and of good standards.

When all the mentioned conditions are complied with as per the Cinematograph Act 1952, only
then the board would certify the film and grant grades as it deems fit.[3] The
Cinematograph(Certification) rules 1983 explains the procedure that has to be compulsorily
followed by a producer in order to get his film or video film certified ,along with clearly
mentioning the steps he has to follow.

The fees which has to be paid and other materials which has to be submitted by him.
The Shyam Bengal Committee was formulated on January 1 in the year 2016 to lay down certain
rules and instructions for film certification that would take into cognizance the best practices all
over the world and also to advise different practices which would provide a helping hand to the
CBFC in the process of certification. Some of the recommendations of this committee are as
follows. But however only some progress has been seen in this regard.
The CBFC should only carry out its functions pertaining to the certification of films and its
authority should be restrained when it comes to categorizing of the movies to the audience on the
grounds of age and maturity.

According to the Supreme Court of India “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

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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 bad behavior. It cannot be equated with other
modes of communication. Censorship by prior restraint is, therefore, not only desirable but also
necessary.”

CH-III

Challenges faced by the Entertainment industry in our country because of the regulation and
workings of the Censor Board.

If we analyze the history of film censorship in India, one can state that a film is banned or censored
on the following reasons:

 Sexuality - Indian society has been following a rigid social organization. wedding may be
a social establishment wherever it's allowed relationship between a person and a lady,
though personalities do produce other sorts of sexual relationship like homosexual, lesbian,
that are discarded by Indian society or neurologist idea of Oedipal longing has been
extremely criticized. A medium whether or not written or audio-visual portrayal
physiological property that has not been accepted by Indian society brazenly is illegal on
the bottom that it should degrade the morals of Indians.
On this ground, Kamasutra, an erotic film was banned in India because of its depiction of
sexual and homosexual contents. Deepa Mehta‟s Fire3 was banned in India as it depicted
lesbian relationship. It was one of the first films that showed explicit homosexual
relationship. There were huge protests against the film by the Hindu fundamentalists. It
was again sent back to the Censor Board, but later it was released by changing the name of
the character Sita to Nita. The Pink Mirror (GulabiAaina), a 2004 film was banned in India
for its depiction of transsexual contents.

 Politics Political forces cannot be isolated as far as the topic of censorship is concerned.
Censoring a film by a political state is always supported by the parties who are with the
authority directly or indirectly. A medium describing a political situation allegorically or
directly is banned by a government who is a party to it.

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  Religion as an institution does not approve any kind of disobedience towards the values it
propagates. Any medium that distorts the religious characters of a religion is criticized and
censored by the same. Religious sentiment does cause film censorship in India
 Communal conflict
 extreme violence

CH-IV

Relevance of Censor Board of Film Certification in India

Movies are considered as an extraordinary medium of communication with the individuals. With
the improvement and advance of the society conjointly with the advance within the field of
science and innovation the movies have experienced an ocean alter and by receiving all
the accessible advances have been able to reach the masses conjointly essentially contributed to
the social and social advancement of the nation. In this way the movies are compared with the
Press as Press is additionally considered as a awesome medium of communication.

Both the movies and the Press appreciate the same status and right
as distant as protected flexibility relating to expression of thoughts and spreading of thoughts and
messages are concerned.

As is known Article 19(1) (a), the Structure ensures opportunity of discourse and expression
which is amplified to the Press moreover.

Hence, both these mediums are controlled beneath this arrangement of the Structure. At the same
time as these flexibilities are not supreme and subject to sacred limitations

K.A. Abbas v. Union of India1 is maybe the primary case wherever the question concerning the
censorship of films arises. during this case, the Supreme Court thought of necessary question
concerning pre-censorship of cinematograph films in reference to the elemental right of freedom
of speech and expression presented by Article 19(1)(a) of the Constitution. The petitioner during
this case challenged the choice of the Board of Film Censors in refusing a 'U' certificate for him

1
1971 AIR 481

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film "A Tale of 4 Cities". whereas the case was unfinished within the Supreme Court, the Central
Government to grant the 'U' certificate provided bound cuts were created within the film.

As the petitioner's grievance was fully redressed, the petitioner applied for AN modification
sanctionative him to lift the question of pre-censorship generally, so as that persons WHO invested
with cash in creating films could have steerage on this necessary constitutional question. The
modification wanted by the petition was allowed for thought by the apex court. The subsequent 2
problems were before the court for consideration:

 That pre-censorship itself cannot be tolerated below the liberty of speech and expression;
and
 That even though it were a legitimate restraint on the liberty, it should be exercised on
terribly definite principles that leave no space for whimsical action.

Taking into thought of these, Hidayatullah, C.J. created it clear that censorship of films together
with pre-censorship was constitutionally valid in India because it was an inexpensive restriction at
intervals the scope of Article 19(2).

It was conjointly determined that pre-censorship was however a facet of censorship and bore an
equivalent relationship in quality to the fabric as censorship once the picture has had a run.
However, censorship mustn't be exercised on cause unreasonable restrictions on the liberty of
expression. Holding the read that "pre-censorship was solely a facet of censorship and censorship
of cinematograph film was 'universal', Hidayatullah, C.J. went on to watch that "it had been nearly
universally recognized that motion footage should be treated otherwise from alternative varieties
of art and expression, as a result of a motion picture's instant attractiveness each to the sight and
to hearing, and since a picture had become additional faithful life than even the theatre or the other
type of creative illustration. Its effect, significantly on youngsters and immature adolescents was
nice." The court upheld the final principles that had been arranged down for the steerage of the
censors And aforementioned that the take a look at of obscenity and principles arranged down in
the case applied to an obscene cinematograph film.

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 CH- V

Suggestions in view of efficient and effective working of the Censor board in our country.

An imperative reform of the Central Board of Film Certification could be a paramount task. The
drive to alter the certification ages still as obtaining filmmakers and business voices answerable
of the Board is an essential amendment that must be place into impact as soon as possible

Various committees had been set up by the government in the recent past with the aim of
suggesting measures to bring in reformation in the Boards. However little has been done to
implement the suggestions forwarded by these committees. The Government of India did set up
an Expert Committee and entrusted upon it the task of reviewing and recommending ideas which
can be put forward through legislation which will regulate and certify as well as license the facets
of this ever changing and precocious art form. The Committee came up with its report after a
detailed study of the area of film certification and changing dimensions of certification of films
around the globe. The Committee suggested the following principles for guidance in certifying the
films.

CH-VI

CONCLUSION

Cinema being an important instrument of expression of ideas and free thoughts must remain
unrestricted from any kind of censorship. Restriction of any kind must not infringe upon the basic
human right of expressing one’s view in the community of civilized societies. However at the same
time one must keep in mind the practical realities of the society in which such ideas are
broadcasted. The peace and security of the society should not be disturbed in the process of
expression of one’s thoughts. Since cinema as a public expression can influence the society at
large, caution must be taken while exhibiting the film to avoid any kind of chaos and threat to
national security. Henceforth, a balance must be maintained between the right of expression and
the duty to maintain peace in the society. The Certification Board must take a balanced approach
while reviewing a film and must take into account that the harmony between freedom of expression
and sense of security and peace in the society is maintained.

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