Freedom of Speech – Defamation, Sedition, etc.

Explained: How films are certified, why it causes dispute

Note4Students

From UPSC perspective, the following things are important :

Prelims level : CBFC and its composition

Mains level : Censoring and underlying issues

  • Earlier this month, the Bombay High Court pulled up the Central Board of Film Certification (CBFC) for refusing to give a ‘U’ certificate to a Children’s film. The CBFC had given it a U/A certificate.

CBFC organizational set-up

  • The CBFC is headed by the Chairperson.
  • The board comprises up to 25 members and 60 advisory panel members from across India, appointed by the I&B Ministry.
  • While the board members are usually film and TV professionals, members of the advisory panel are often from outside the industry.
  • The chairperson and board members serve for three years, and advisory panel members for two years.
  • The CEO is chiefly in charge of the administrative functioning but the regional officers are part of Examining Committees that certify films.
  • Once a filmmaker applies for certification, an Examining Committee is appointed by the Regional Officer.
  • In case of short films, it consists of a member of the advisory panel and an examining officer, one of whom has to be a woman.
  • Else, it has four members from the advisory panel and an examining officer of who two persons are to be women.

How do they certify films?

  • Certification— unrestricted public exhibition (U), parental guidance for children below age 12 (U/A), adult (A), or viewing by specialised groups (S) — is decided by the Regional Officer based on reports by Examining Committee members.
  • In case of a divided opinion, the case rests with the chairperson.
  • Certification is often decided on individual inclinations in the Examining Committee, whose members come from various walks of life.

What if the applicant is not satisfied?

  • In most such cases, the CBFC shares a list of “suggested changes”.
  • If the applicant is unhappy with the certification or the list of changes, he or she can apply to the Revising Committee, which is made of the Chairperson and up to nine committee members from both the board and the advisory panel.
  • The committee cannot have a member from the advisory panel who may have already viewed the film.
  • A similar process is followed at this stage, with the final word resting with the Chairperson.
  • The last point of appeal is the Appellate Tribunal, an independent body, members of which are appointed by the ministry for three-year terms.
  • Any further dispute can be taken to a court.

Criticism of CBFC

  • CBFC is a certification board and not the censorship board anymore with wider intervention by judiciary.
  • Their job is to certify films based on this and the guidelines are fairly wide.
  • It is in consonance with Article 19 of the Constitution and Section 5(b) of the Cinematograph Act.

What is Section 5(b)?

  • It states that 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.
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