Film Censorship

The I&B Ministry proposes to amend the Cinematograph Act. It proposes age-based certification. It is a popular demand raised by the film industry. It aims at curbing the menace of piracy.

It is proposed that sweeping censorship powers be arrogated to government through amendment of the provisions on the government’s revisionary remit.

The HC of Karnataka has placed limits on the government directly exercising revisional powers (in KM Shankarappa). The Centre cannot exercise revisionary powers for films already certified by the Central Board of Film Certification. (CBC). This judgment was later upheld by SC.

To overcome this, certain amendments are proposed to the Cinematograph Act. These enable the government to direct the CBFC chair to review a certification. It quotes the possibilities of complaints of violation of Section 5B post-certification. Here revisionary powers are called for. Sec 5B is equivalent to article 19 (2) of the constitution that places reasonable restrictions on freedom of speech and expression. The complaints could emerge from mob, and entertaining these could result into censorship by the mob.

Under Section 5E of the existing Act, the government has already the power to revoke or suspend the certification of a film.

The tribunal reforms ordinance in April 21 has closed down the appelate authority for film certification. Thus film makers have to approach the HCs to change the decision of the CBFC.

Ideological differences could result in using the direct censorship by the Centre. This is the danger.

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