Monday 16 September 2024

Discuss the provisions of certification of films for public exhibition under Cinematograph Act, 1952 alongwith with recent case laws

The Cinematograph Act, 1952 is a significant piece of legislation in India that governs the certification of films for public exhibition. The Act establishes the framework for the examination and certification of films, ensuring they conform to societal norms and legal standards before being shown to the public. Below is a detailed discussion of its provisions, recent amendments, and relevant case laws.

 Provisions of the Cinematograph Act, 1952

The Cinematograph Act, 1952 primarily aims to regulate the exhibition of films in India. Key provisions include:

- Certification Categories: The Act empowers the Central Board of Film Certification (CBFC) to classify films into various categories:

  - U (Universal): Suitable for all audiences.

  - UA (Parental Guidance): Suitable for children above a certain age with parental guidance.

  - A (Adult): Restricted to adult audiences.

  - S (Special): Restricted to specialized audiences, such as medical or educational purposes.


- Examination and Certification Process: Films must be submitted to the CBFC for certification before public exhibition. The board evaluates films based on their adherence to standards of decency, morality, and national interest as outlined in Section 5B of the Act.


- Film Certification Appellate Tribunal (FCAT): This tribunal allows filmmakers to appeal against CBFC decisions. It can modify or overturn the board's recommendations.


- Prohibition of Unauthorized Recording: The Act includes strict regulations against unauthorized recording and piracy, with penalties for violations.


- Perpetual Validity of Certificates: Recent amendments have allowed certificates issued by the CBFC to remain valid indefinitely, removing previous restrictions that limited validity to ten years.

 Recent Amendments


The Cinematograph (Amendment) Act, 2023 introduced significant changes after nearly four decades since the last amendment in 1984. Key highlights include:


- Enhanced Anti-Piracy Measures: New provisions aim to combat film piracy through stringent penalties for unauthorized copying and distribution.


- Age-Based Certification: The UA category has been subdivided into three age-specific classifications (UA 7+, UA 13+, UA 16+) to better inform parents about suitable content for their children.


- Streamlined Certification Process: The new rules aim to modernize and simplify the certification process, making it more transparent and efficient.


- Harmonization with Judicial Standards: The amendments align the certification process with recent Supreme Court judgments that emphasize artistic freedom and expression.

 Relevant Case Laws


Recent judicial decisions have highlighted tensions between film certification and freedom of expression. Notable cases include:


1. Anand Patwardhan v. CBFC: In this case, filmmaker Anand Patwardhan challenged cuts mandated by the FCAT on his documentary. The Bombay High Court ruled in favor of Patwardhan, emphasizing that artistic expression should not be curtailed without substantial justification. The court reinforced that once an expert body like the CBFC certifies a film, it should not be subject to further censorship based on potential public dissent.


2. K.M. Shankarappa v. Union of India: This landmark ruling established that once a film is certified by an expert body, it should not be re-evaluated based on anticipated law-and-order issues. The court maintained that it is the government's responsibility to manage public order without infringing on artistic freedom.


3. Hamare Baarah Case: Recently, this film faced legal scrutiny due to allegations of derogatory content towards a religious community. The Supreme Court allowed its release after certain cuts were made but emphasized that judicial intervention should not undermine certified works unless there are clear violations of law.


These cases reflect ongoing debates about censorship, artistic freedom, and the role of regulatory bodies in India’s vibrant film industry. As filmmakers navigate these regulations, they must balance creative expression with compliance with legal standards set forth by the Cinematograph Act.



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