Introduction
Media and Entertainment holds great significance in our country India. Much of the leisure time is spent on either binge-watching or going through your old movies collection. When we talk about the entertainment industry in the 21st century, it has grown tremendously since 1913, when the first motion picture of India Rajaharishchandra was released. It was the beginning of a great and flourishing industry in terms of viewership and technology advancements. But as this industry advanced, along came the legal intricacies and conditions which had to be fulfilled. Before films make it to releases and big screens, they have to through the certification process and all the legal requirements for a film’s release have to be complied with.
One of the legal compliances is that of a Film Certification.
What is the Film Certification?
Film Certification means that a film before it reaches its appropriate audience has to go through a scanner i.e., it has to be certified by a board of members who are expert in the required fields, and then only a certain film can be released as long as it complies with the legal requirements.
Need for Film Certification
The need for film certification in India has to be valued and critically analyzed over the period. A thorough legal procedure should be followed before anything can be represented by the general public/audience. The film certification, however, should not curtail the artistic freedom of the filmmakers/artists but also should not violate the sentiments of the public.
Censorship of the films have often come under the radar of freedom of artistic expression, a right which is guaranteed under Article 19(1)(a) of the Indian Constitution[1]. However the Supreme Court in the case of K.A. Abbas v. Union of India[2] had opined on the importance and impact of films which they may have on the audience, it said “films have to be treated separately from other forms of art and expression because a motion picture can stir up emotions more deeply than any other product of art. A film can therefore be censored on the grounds mentioned in Article 19(2).”[3] Article 19(2)[4] provides for reasonable restrictions.
Indian Laws on Film Certification
The film certification and subsequent rules are India is governed by the Indian Cinematograph Act, 1952.
Section 3(1) of the Act[5] provides for the provision of setting up the Censor Board, which shall be issuing the film certifications. The board is known as the CBFC (Central Board of Film Certification) which is currently headed by Mr. Prasoon Joshi.
Section 5 of the Act[6] provides for the Advisory Panels to be set up at the regional levels so as to assist the Board in making decisions about the certification of films.
Section 5A of the Act here deals primarily with the certification of the films and under various categories, the films will fall.
It provides for 4 wide categories which are as follows:
S.5A(1)(a)[7] provides for
1. U Certificate
This is provided when the Board deems it fit that a certain fil is eligible for “unrestricted public exhibition”. It means that people of any age can watch this particular film.
2. UA Certificate
UA means “Unrestricted Public Exhibition but with a word of caution that discretion required for children below 12 years.” If the board deems it fit that a particular film is eligible for unrestricted public distribution but for children aged under 12 years, parental advice is needed.
S.5A(1)(b)[8] provides for
3. A Certificate
This certificate is provided when a particular film is not meant for the unrestricted public but is suitable for adults. Adults, for this Act, have been defined as “a person who has completed his eighteenth year”.
4. S Certificate
This certificate provides that the film is “restricted to any special class of persons” and not for unrestricted public exhibition.
The above was the broad categories into which films can be certified and thus providing a wider lens of freedom of expression and changing modern times with regards to public morality and sanctity.
Procedure for application for Film Certification
Rule 21 of the Cinematograph Rules, 1984 lays down the procedure for applying for the film certification before the Board. The following are the steps to follow while applying for certification:
1. Application shall be addressed to the Board in writing in Form I or Form I-A, Form II or Form II-A, and delivered to the regional officer.
2. Application should be accompanied by fees, as prescribed under the Rule 36, which states requirements as per the film’s credentials.
3. Rule 3 specifies the necessary documents (including the fees) which shall accompany the letter:
Eight copies for an Indian feature film, and five copies in case of other films
a. of synopsis of the film
b. credit titles
c. full text/lyrics of the songs, if any
d. a copy of the complete shooting script of the film
e. a statement showing the reel wise length of the film
Other documents may include, Title Registration Letter from the concerned authority in which the title was registered. Publicity clearance the certificate shall also be provided with wherever applicable.
In the case of Imported Films, an original/certified copy of the import license along with customs clearance papers and permits are required.
Rule 22 provides for the examining committee which shall examine the films, to be viewed for the public exhibition or not.
1. Examining committee consisting of a member of the advisory panel, examining officer, of one should be a woman, in case of a short film;
In case of a long film, the examining committee shall consist of four members of the advisory panel, an examining officer, of two of them should be a woman officer.
2. The applicant or their representatives are not present in the preview theatre.
3. All previews of the film and names of the board members are treated confidentially.
4. The examining committee examines the film as per the guidelines provided by the government and requirements under the S.5(B) of the Act.
5. Thereafter the members of the committee are required to express their opinions and reasons for giving a particular certificate (“U”, “U/A, “A”, and “S”) in writing in Form VIII specified in the Second Schedule.
6. The committee may decide on not giving the film a certificate, or if certain portions of the film need to be excised/modified.
7. The examining officer after examining the suggestions of the committee send the same to the chairman.
S.5B Principles for guidance in certifying films[9]
provides for the principles that need to be followed while granting the film certification. The principles involve such that they must not be contrary to the public morality or any such incident which may incite offense contrary to the provisions of the Law.
However, this Act provides equal representation to the parties applying for film certification. If they are not satisfied with the decision, they can approach the tribunal with an appeal to the decision under S.5C of the Act.
Film Certification on OTT (Over- the- Top) platforms
Not many years ago, the majority of people’s source of entertainment used to be Cinemas, television, or reminiscing old songs on cassette recorders. But with the changing sense of entertainment and lifestyle choices of the people amidst the hustle-bustle of a daily-life, OTT platforms like Netflix, Amazon Prime came to the rescue of people. Especially during the pandemic COVID-19, these platforms have witnessed a surge in their viewership.
However, till now there were no concrete rules or provisions related to the films released on such platforms, and thus there was no censorship on the same. But recently in an official notification in the Gazette of India, govt. of India brought the OTT and other digital platforms under the ambit of the Ministry of Information and Broadcasting in India.[10] This move was not welcomed by the film fraternity and they criticized the decision citing that it would hamper artistic freedom. In a detailed research paper, authored by Shekhar Kapur, FTII chairman, Akshat Agarwal, lawyer and other experts on the subject, they argued about the creative freedom on the OTT platforms and that how with the help of technological advancements, it is now possible to create content according to the target audience and that they are sufficient measures available for people-friendly content. They substantiated that such platforms are user-controlled and that there are possibilities for so many industries to thrive in this business.[11] Therefore, there must be creative freedom as we pass two decades in this 21st century.
Conclusion
The above article and opinions have tried to establish that before a certain thing/product reaches to the public, has to go through a lot of phases, one of which is legal compliance which is important to safeguard the public sanctity and nation’s integrity. However, as much as the legal procedure is important, the aim should also, be to secure the freedom of expression of the artists. Therefore censorship v. freedom of expression debate should always ensure that there must be a reasonable balance between the two, to protect the rights of all, and ensure our duty towards the nation.
References
1. The Cinematograph Act, 1952 and Rules | Ministry of Information and Broadcasting | Government of India (mib.gov.in)
3. Embracing Nonlinearity: The Future of India’s Entertainment Industry — Esya Centre
4. Certification (cbfcindia.gov.in)
5. Central Board of Film Certification | Ministry of Information and Broadcasting | Government of India (mib.gov.in)
6.
[1] 19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
[2] AIR 1971 SC 481: (1970) 2 SCC 780
[3] M.P. Jain, Indian Constitutional Law, 1006-1007, (5th ed. 2005)
[4] (2) 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 about contempt of court, defamation or incitement to an offense
[5] 3. (1) For the purpose of sanctioning films for public exhibition, the Central Government may, by notification in the Official Gazette, constitute a Board to be called the 7[Board of Film Certification] which shall consist of a Chairman and 8[not less than twelve and not more than twenty-five] other members appointed by the Central Government.
[6] 5. Advisory panels- (1) For the purpose of enabling the Board of efficiently discharge its functions under this Act, the Central Government may establish at such regional centers as it thinks fit, advisory panels each of which shall consist of such number of persons being persons qualified in the opinion of the Central Government may think fit to appoint thereto.
[7] (1) If, after examining a film or having it examined in the prescribed manner, the Board considers that –
(a) The film is suitable for unrestricted public exhibition, or, as the case may be, for unrestricted public exhibition with an endorsement of the nature mentioned in the proviso to clause (I) of subsection (1) of Section 4, it shall grant to the person applying for a certificate in respect of the film a “U” certificate or, as the case may be, a “UA” certificate; or
[8] (b) The film is not suitable for unrestricted public exhibition, but is suitable for public exhibition restricted to adults or, as the case may be, is suitable for public exhibition restricted to members of any profession or any class of persons, it shall grant to the person applying for a certificate in respect of the film an “A” certificate or, as the case may be, a “S” certificate;
[9] 5(B)(1) A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of [(Ins. by Act 49 of 1981 (w.e.f. 1-6-1983) the sovereignty and integrity of India] the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence.
[10] pdf_upload-384486.pdf (livelaw.in) (Dec 12, 2020, 07:53 P.M.)
[11] Shekhar Kapur, Vani Tripathi Tikoo, Akshat Agarwal, and Vivan Sharan, “Embracing Nonlinearity: The Future of India’s Entertainment Industry,” Issue No. 005, November 2020, Esya Centre. Esya Centre (Dec. 12, 2020, 08:18 P.M.)
