Authored By: SREE SAI RAM R
Veltech School of Law
INTRODUCTION
CBFC stands for Central Board of Film Certification which is often referred to as the censor Board which is a statutory body under the Ministry of Information and Broadcasting, regulating the public exhibition of films under the provisions of the Cinematography Act 1952. It assigns certifications to films, television shows, television ads, and publications for exhibition, sale, or hire in India.
Censorship can be defined as the prohibition or suppression of any part of the news, books, films, etc. that are considered politically unacceptable, obscene or a threat to security.’ Films are considered as a superb medium of communication with the public. Development in the technology field has brought a drastic change and films are now able to reach the public in every corner of the world. Also, it has boosted the power of films to significantly contribute to the cultural and social development of the country. Press and Films enjoy the same right and status provided under Article 19(1) of the Indian Consituation which guarantees freedom of speech and expression Therefore, both Press and Films are regulated under this provision. But this right is not absolute and has certain limitations like matters against foreign relations policy, integrity of the State, decency, and morality, public order, are certain limitations mentioned in Article 19(2) of the constitution of India.
Formation of CBFC
The Central Board of Film Censors was renamed the Central Board of Film Certification on June 1, 1983. This board implements and follows the provisions under the Cinematograph Act, 1952. The chairperson and other members are appointed by the Central Government. Board certifies films without which they are not eligible for public exhibition. Section 5B (1) of the CA, 1952 empowers the CBFC to examine and implement principles of sovereignty and integrity of India while certifying a film. It also requires the board to check works against the security of the States, friendly relations with foreign States etc.
Legal Framework: Cinematograph Act, 1952
Film certification is covered under Sections 3 to 6A of the Cinematograph Act, 1952.
S (Special Category)-means that only certain groups of people like professionals or a particular class of people are allowed to watch it.
U (Universal)-is different because anyone can watch it without any restrictions.
A (Adults Only)-is for people who are eighteen years and above so only adults can watch it.
U/A (Parental Guidance)-is a bit different because everyone can watch it. Children who are, under twelve years old should watch it with their parents.
Certification guidelines are given in Section 5B.
The Central Board of Film Certification, which is the CBFC looks at films under Section 5B of the Cinematograph Act 1952. They make sure the films do not have anything that can hurt order, morality, decency or national security. If a film has things in it the CBFC can say no to giving it a certificate, ask for changes or give it a certificate that says it can only be shown to certain people.
Unauthorised recording and exhibition are prohibited under Sections 6AA and 6AB.
The Cinematograph Act 1952 is very clear that it is against the law to make copies of films or show them without permission. If someone does this, they can go to jail for up to three years. Must pay a fine of up to ten lakh rupees.
A license is required to operate under Sections 10 to 12.
All cinema halls must get a license from the government before they can show films. This is to make sure everyone is safe. Follows the local laws. The Cinematograph Act 1952 says this must happen.
Government powers are explained in Sections 6 and 13.
The Government has the power to take back a film’s certificate stop it for a while or make changes to it if they think it is not safe for the public. They can do this under Section 6 and Section 13 of the Cinematograph Act 1952. They can also ask for a film to be looked at again or say it can only be shown in certain ways.
Sections 7 and 14 provide punishment, such as a fine or jail for violating the Act.
If someone shows a film without getting a certificate they can get in big trouble. This is according to Section 7 and Section 14 of the Cinematograph Act 1952. They might have to go to jail or pay a lot of money. The Cinematograph Act 1952 also says that people who show films must follow the rules, about who can watch them. If they let kids watch films that’re only for adults, they can get in trouble.
The Act also provides a system for appeals against certification decisions.
The Cinematograph Act 1952 has a Section 5C that says if a filmmaker does not agree with what the CBFC says they can go to the High Court. The High Court can then look at the decision again. Make changes if they need to. The Cinematograph Act 1952 gives the High Court this power.
Landmark Judgements related to Cinematograph Act 1952
The case of K. A. Abbas against the Union of India was the first time film censorship came up for discussion. The Supreme Court looked at whether films could be looked at before being shown (pre-censorship) and how that related to the freedom to say what you think (freedom of speech and expression) which is protected by Part III of the Constitution. The Court decided that censoring films, even looking at them beforehand, is allowed by the Constitution. But the Board of Censors shouldn’t limit people’s expression unfairly.
Conclusion
The Central Board of Film Certification plays a role in deciding what movies can be shown to people. This is because it must balance the freedom of artists to express themselves with the need for the state to control what is shown. Movies are a way for people to express their thoughts and ideas, and this is protected by the Constitution. At the time the State has the right to stop things that could cause trouble or go against what is considered right.
The problem is that the people who decide what can be shown in movies often make decisions based on their opinions and this can be influenced by politics. This can stop artists from being able to express themselves. As society and technology change and as people become more mature, we need to move from just cutting things out of movies. Instead, we should have a system where movies are given a rating based on what’s in them.
This way people can decide for themselves what they want to watch. The Central Board of Film Certification needs to be more open and honest, about how it makes its decisions. It needs to be consistent. This is important so that people can trust the system. The Central Board of Film Certification must make sure that it is fair and that it listens to what people think.
