The Role of CBFC and Film Certification in India, by Pravas Naik – LAWBEES

Introduction

Censorship has been a hot topic of debate for decades, especially in the realm of visual media. Defined as a mechanism to restrict public expression of ideas, opinions, and concepts, its primary aim is to uphold societal morals and values. However, it often seems like moral policing by the authorities and nothing more. The Central Board of Film Certification (CBFC) plays a pivotal role in regulating the public exhibition of films in India under the Cinematograph Act 1952. This article explores the evolution of film censorship, the framework established by the CBFC, recent developments in film ratings with the Cinematograph (Amendment) Act, 2023, and the implications of the newly introduced Cinematograph (Certification) Rules, 2024 for filmmakers and audiences.

The Historical Context of Film Censorship

Film censorship in India has its roots in colonial history. The first Cinematography Bill was proposed in 1917 to protect public morality but faced opposition from the Indian Legislative Council for infringing on liberty. Nevertheless, the Cinematograph Act of 1918 was enacted, establishing regulations for licensing cinema houses and certifying films for public exhibition. This marked the beginning of formal film censorship in India. After independence in 1947, the Indian government recognized the necessity of retaining film censorship while amending existing laws. By 1949, two certification categories were introduced: an “A” certificate for adult audiences and a “U” certificate for unrestricted exhibitions. The Cinematograph Act of 1952 further consolidated these regulations and established the CBFC as the authority overseeing film certification.

The CBFC was initially known as the Central Board of Film Censors but was renamed in 1983 to emphasize its focus on certification rather than censorship. The board consists of a chairman and members appointed by the central government, with no specific qualifications required for membership. This structure allows significant discretion in decision-making.

The primary mission of the CBFC is to regulate public exhibitions by certifying films based on content. Under Section 5B of the Cinematograph Act, it must consider factors such as national integrity, public order, and morality while certifying films. Recent guidelines stress that creative freedom should not be unreasonably curtailed while ensuring that films reflect societal values.

New Rating System: A Step Forward or a Setback?

The introduction of new ratings—UA 7+, UA 13+, and UA 16+ under the Cinematograph (Amendment) Act, 2023—aims to provide clearer guidance for parents regarding age-appropriate content. With the Cinematograph (Certification) Rules, 2024, these classifications are further refined to ensure that the content is more tailored to different age groups:

1. UA 7+: Suitable for children above 7 years with parental guidance.
2. UA 13+: Suitable for children above 13 years with parental guidance.
3. UA 16+: Suitable for children above 16 years with parental guidance.

While this granularity seems beneficial, it also raises concerns about potential restrictions on filmmakers’ creative expression. Filmmakers may feel pressured to modify their narratives to achieve more favorable ratings, which could lead to self-censorship.

The subjectivity surrounding what constitutes “moderate” violence or suitable content can lead to disputes over ratings. Filmmakers may argue that their work contains valuable lessons for younger viewers, while the CBFC may impose stricter classifications based on moral grounds.

Cinematograph (Certification) Rules, 2024

The Cinematograph (Certification) Rules, 2024 bring several modernizing elements to the certification process:

1. Digital Submission and Certification: Films can now be submitted for certification digitally through the e-cinepramaan portal, aiming to increase transparency and efficiency. This digital shift reduces the time taken for certification by eliminating physical handling.
2. Accessibility Features for Films: There’s a mandate for films to include accessibility features for certification, making content more inclusive for disabled individuals. This includes provisions for subtitles or audio descriptions for the hearing and visually impaired.
3. Perpetual Validity of Certificates: Unlike the previous 10-year validity, CBFC certificates now have perpetual validity, providing long-term assurance to filmmakers.
4. Recertification for Television Broadcast: Films edited for television must be recertified, ensuring content aligns with public broadcast standards.
5. Increased Representation for Women: The CBFC Board and Advisory Panels are required to have at least one-third of members being women, ideally half, to promote gender diversity in decision-making.
6. Priority Screening: A provision for priority screening of films expedites certification for filmmakers with urgent release commitments.
7. Reduction in Timelines: The process timelines have been reduced to facilitate quicker certification, supporting the film industry’s pace.

These rules aim to align the certification process with the digital age, enhance transparency, and cater to modern film technology, audience demographics, and content distribution methods. They reflect an effort to combat piracy and ensure that cultural products like films cater to a broader, more inclusive audience.

Judicial Pronouncements: Shaping Legal Precedents

Several landmark cases have influenced the legal landscape surrounding film censorship:

1. K.A. Abbas v. Union of India: This case upheld pre-censorship for films, recognizing their unique ability to influence public sentiment.
2. Raj Kapoor v. State: Affirmed that decisions made by the CBFC should not be disregarded as they are based on expert evaluations.
3. Suresh Patil v. Yash Raj Films Pvt. Ltd.: Addressed promotional content on OTT platforms, confirming that there is no requirement to display CBFC certification for such promotions under IT Rules.
4. AKSHAT BALDWA & ORS. vs. YASH RAJ FILMS & ORS.: The Delhi High Court ruled that accessibility is a legal right and that reasonable accommodations must be made for the hearing and visually impaired to enjoy films in theatres and on OTT platforms.
5. Nipun Malhotra vs. Sony Pictures Films India Pvt. Ltd.: The Supreme Court issued guidelines to ensure the dignified portrayal of persons with disabilities in visual media, emphasizing the need for subtitles and other accessibility options.

Current Landscape: OTT Platforms and Legal Quirks

With OTT platforms gaining popularity, there is a growing gap in regulation since current laws do not require CBFC certification for digital content. This has led to litigation regarding whether OTT content should fall under CBFC oversight. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, provide a separate framework for regulating OTT platforms but do not grant CBFC authority over them.

A Call for Reform

The CBFC plays a crucial role in regulating film content through its certification process established under the Cinematograph Act of 1952. The Cinematograph (Amendment) Act, 2023 and the Cinematograph (Certification) Rules, 2024 introduce significant changes aimed at providing clearer guidance for filmmakers and audiences alike, highlighting ongoing tensions between censorship and creative freedom. As Indian cinema continues to evolve with societal changes and technological advancements, there is an urgent need for reforming both the CBFC’s practices and the underlying legislative framework. Ensuring that artistic expression is not unduly stifled while maintaining appropriate standards for public morality will be essential for fostering a vibrant cinematic culture that reflects contemporary values. In summary, while censorship aims to protect societal morals, it must also respect artistic freedom—a balance that remains crucial as we navigate the ever-changing landscape of Indian cinema.

Legal Challenges

The recent changes with the Cinematograph (Certification) Rules, 2024 have introduced several legal challenges and adjustments for filmmakers and the film industry:

1. Increased Scrutiny: Filmmakers may face increased scrutiny and potential delays due to the new age-based subcategories. Ensuring compliance with these categories can be complex.
2. Accessibility Requirements: The new rules mandate accessibility features for films to make them inclusive for disabled persons. This may require additional resources and adjustments in film production.
3. Representation and Diversity: The requirement for greater representation of women and considerations for diversity on the CBFC Board and Advisory Panels may lead to legal challenges if not implemented effectively.

How to Deal with the Changes:

1. Stay Informed: Keep up-to-date with the latest CBFC rules and guidelines. Regularly check the CBFC website and other official sources for updates.
2. Consult Legal Experts: Engage with legal professionals who specialize in film certification to navigate the new requirements and ensure compliance.
3. Plan: Incorporate accessibility features and consider the new age-based categories during the pre-production phase to avoid last-minute changes and delays.
4. Leverage Digital Processes: Utilize the digital certification process introduced by the CBFC to streamline submissions and reduce transactional time.
5. Priority Screening: If there is an urgency to release the film, consider applying for priority screening to expedite the certification process.

The latest revisions to the CBFC certification tags bring obstacles and opportunities for the film business. Increased scrutiny and the demand for accessibility features necessitate meticulous planning and budget allocation. However, these changes also promote inclusivity and representation, ensuring that films cater to diverse audiences and uphold ethical standards. By staying informed, consulting legal experts, planning, and leveraging digital processes, filmmakers can navigate these changes effectively and continue to produce impactful and inclusive content. Embracing these new guidelines will ultimately contribute to a more equitable and diverse film landscape.