FILM CERTIFICATION
1. Context
Recently, the Bombay High Court criticized the Central Board of Film Certification (CBFC) for its decision to issue a 'U/A' certificate instead of a 'U' certificate for the film "Chidiakhana," produced by the Children’s Film Society of India under the I&B Ministry. The court emphasized that the CBFC is a certification board and not a censor board. This raises questions about the CBFC's role and how it is defined.
2. CBFC Organizational Structure and Certification Process
- The Central Board of Film Certification (CBFC) is led by a Chairperson and consists of up to 25 members and 60 advisory panel members from various parts of India, all appointed by the I&B Ministry.
- While the board members are typically professionals from the film and television industry, the advisory panel members often come from outside the industry.
- Both the chairperson and board members serve for three years, while advisory panel members serve for two years.
- The CEO is primarily responsible for administrative functions, and regional officers are part of Examining Committees that certify films.
- When a filmmaker applies for certification, an Examining Committee is formed by the Regional Officer.
- For short films, the committee includes a member of the advisory panel and an examining officer, with at least one being a woman.
- For other films, the committee consists of four members from the advisory panel and an examining officer, with at least two being women.
3. Film Certification Process and Criteria
The Central Board of Film Certification (CBFC) certifies films based on their content, categorizing them as follows:
- Unrestricted Public Exhibition (U): Suitable for all ages.
- Parental Guidance for children below age 12 (U/A): May contain scenes or content unsuitable for young children.
- Adult (A): Restricted to adult audiences.
- Viewing by specialized groups (S): Intended for specific groups, such as educational or cultural organizations.
- The certification decision is made by the Regional Officer, who considers reports from the Examining Committee members. If the committee has a unanimous or majority opinion, the decision is made accordingly. However, in cases of a divided opinion, the matter is referred to the chairperson for a final decision.
- In the recent case of Chidiakhana, the film received a U/A certificate due to its portrayal of scenes involving murder and attempts to murder, violence, abusive language, bullying in school, children watching adult content, a mother slapping a child, a suicide attempt, teasing of a child, and discrimination against North Indians in Mumbai. This decision was consistent with other children's films, such as The Jungle Book, which also received a U/A certification, sparking controversy in 2016.
4. Appeals and Dispute Resolution
- If an applicant is dissatisfied with the certification or the suggested changes provided by the CBFC, they can appeal to the Revising Committee. This committee consists of the Chairperson and up to nine members from both the board and the advisory panel.
- However, no member of the advisory panel who has already viewed the film can be part of this committee.
- The Revising Committee follows a similar process, with the final decision resting with the Chairperson.
- The next level of appeal is the Appellate Tribunal, an independent body whose members are appointed by the ministry for three-year terms. If the dispute remains unresolved, it can be taken to a court for further adjudication.
5. Guidelines for Certification
- Under the Cinematograph Act, 1952, the CBFC has the authority to "direct the applicant to carry out such excisions or modifications in the film as it deems necessary before sanctioning the film for public exhibition… or refuse to sanction the film for public exhibition."
- The CBFC is a certification board, not a censorship board, and its role is to certify films based on fairly broad guidelines. This approach is consistent with Article 19 of the Constitution and Section 5(b) of the Cinematograph Act.
- The cinema reflects different aspects of life, and as society evolves, so does cinema. The legal precedents set by cases such as Udta Punjab, Padmaavat, and Raj Kapoor's Satyam Shivam Sundaram.
6. Section 5(b) of the Cinematograph Act, 1952
- Section 5(b) of the Cinematograph Act, of 1952 outlines the criteria for film certification. 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 the commission of any offence."
- The interpretation of this guideline can vary from one CBFC member to another. Certification decisions are often influenced by individual inclinations in the Examining Committee, whose members come from various walks of life.
7. The Way Forward
The CBFC's role as a certification board is to ensure that films comply with the guidelines outlined in the Cinematograph Act, of 1952, and to certify films for public exhibition based on these guidelines. The recent criticism by the Bombay High Court highlights the importance of maintaining transparency and fairness in the film certification process and the need for the CBFC to uphold its role as a certification board rather than a censor board.
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For Prelims: CBFC, Cinematograph Act, of 1952, Bombay High Court, Article 19
For Mains:
1. Discuss the role of the CBFC as a certification board and its responsibilities in certifying films for public exhibition. How can the CBFC ensure transparency, fairness, and adherence to guidelines in the film certification process? (250 Words)
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Previous Year Questions
1. Which of the following is the correct full form of CBFC in the context of Indian films? (MH SET 2018)
A. Central Board of Film Certification
B. Censor Board of Film Content
C. Central Board for Film Censorship
D. Central Board for Film Classification
2. Which of the following statements are incorrect? (HPSC HCS 2022)
1. Central Board of Film Certification (CBFC) is a statutory body regulating the public exhibition of films.
2. The film ‘Raja Harishchandra’ produced by Dadasaheb Phalke was released after the passing of the Indian Cinematograph Act, 1920.
3. CBFC launched its online portal ‘e-cinepramaan’ in 2015 to modernize and digitize film certification process.
4. The Advisory Panels which assist the regional offices of CBFC in examination of film comprise of members who have been nominated by the Central Govt. for a period of two years.
A. 1 and 2 only B. 2 and 3 only C. 3 and 4 only D. 1 and 4 only
3. Article 19(1) of the Constitution of India, as it stands amended, includes which of the following? (CDS 01/2022)
1. Freedom of speech and expression
2. Assemble peaceably and without arms
3. To acquire and dispose property
4. To move freely throughout the territory of India
Select the correct answer using the code given below
A. 1 and 2 only B. 1, 2, 3 and 4 C. 4 only D. 1, 2 and 4 only
4. Article 19 of the Indian Constitution includes which of the following right? (DSSSB LDC 2019)
A. Right to Constitutional Remedies
B. Right against exploitation
C. Right to freedom of speech and expression
D. Right to freedom of Religion
Answers: 1-A, 2-B, 3-D, 4- C
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Source: The Indian Express
