CERTIFICATION OF FILMS 

• The Supreme Court has declared that the ban on the Tamil film Thug Life in Karnataka violates the filmmakers' constitutional right to freedom of speech and expression. The Court instructed the state authorities to uphold the “rule of law” and ensure the film’s unhindered release.
• On June 17, the apex court strongly criticized the “extra-judicial ban” imposed on the film, emphasizing that any movie approved by the Central Board of Film Certification (CBFC) must be allowed to be screened.
• Directed by Mani Ratnam, Thug Life was released nationwide on June 5, except in Karnataka, where its screening was halted due to backlash over a statement by lead actor Kamal Haasan, who claimed that the Kannada language originated from Tamil.
• In light of these events, it becomes important to explore the constitutional framework surrounding freedom of expression and the process of film certification in India

• Article 19(1)(a), found in Part III of the Indian Constitution, ensures the fundamental right to freedom of speech and expression. This right is enforceable specifically against the state. While certain fundamental rights, such as the abolition of untouchability, prohibition of human trafficking, and bonded labour, apply to both the state and individuals, the right to free speech is directed primarily at government action.

• This right is exclusively granted to Indian citizens and does not extend to foreign nationals. Article 19(1) outlines the ‘Protection of certain rights regarding freedom of speech, etc.’ It affirms that every citizen has the right:
  (a) to express their views freely;
  (b) to gather peacefully without weapons;
  (c) to form associations or unions;
  (d) to move freely within the country;
  (e) to live and settle in any part of India;
  (f) [omitted];
  (g) to practise any profession or to carry out any occupation, trade, or business.

• However, the rights under Article 19(1) are not unrestricted. Article 19(2) specifies circumstances under which the state can impose “reasonable restrictions” on free speech, including concerns related to:
  → National security,
  → International relations,
  → Maintenance of public order,
  → Standards of decency or morality,
  → Judicial integrity (Contempt of Court),
  → Protection of individual reputation (Defamation),
  → Prevention of incitement to crime, and
  → Sovereignty and integrity of India.

• In India, films intended for theatrical release, television broadcast, or any form of public exhibition must obtain certification from the Central Board of Film Certification (CBFC).

• The CBFC classifies films into four main categories:

📌 U: Approved for viewing by all age groups
📌 U/A (UA 7+, UA 13+, UA 16+): Suitable for children with parental supervision, with specific age-based advisories
📌 A: Restricted to adult audiences (18 years and above)
📌 S: Limited to specific professional groups such as scientists, engineers, or doctors

• The certification process is governed by the Cinematograph Act, 1952, the Cinematograph (Certification) Rules, 1983, and additional guidelines issued by the central government under Section 5B of the Act.

• Film certification is conducted by an Examining Committee set up by the Regional Officer of the CBFC. The committee reviews the film and provides its recommendations.

• Certification decisions are made based on either a unanimous or majority opinion within the committee. If there’s a disagreement or a complex issue, it may be escalated to a Revising Committee or resolved by the CBFC Chairperson.

• The CBFC also has the authority to refuse certification to a film. When filmmakers or producers disagree with CBFC’s verdict—either a certification or a rejection—they have the right to appeal. Previously, such appeals were handled by the Film Certification Appellate Tribunal (FCAT), which often overturned CBFC decisions. However, with the FCAT being dissolved in 2021, appeals must now be made directly to the High Courts.

• Television programs and serials do not require CBFC certification. Instead, they must comply with the Content and Advertisement Codes outlined in the Cable Television Networks (Regulation) Act, 1995. As violations under this Act are non-cognizable, any legal action must be initiated through a formal complaint by a State Government–authorised officer

• The Central Board of Film Certification (CBFC) operates as a statutory authority under the Ministry of Information and Broadcasting, overseeing the public screening of films in accordance with the Cinematograph Act of 1952.

• In India, films must receive CBFC certification before they can be released for public viewing.

• As per the CBFC's official website, the board is composed of a Chairperson and various non-official members, all of whom are appointed by the Central Government. Its main office is located in Mumbai.

• The CBFC maintains nine regional offices across the country, situated in Mumbai, Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New Delhi, Cuttack, and Guwahati. These offices are supported by Advisory Panels that assist in reviewing films. The Central Government nominates panel members from diverse professional backgrounds, and their tenure lasts for two years