Drop proposal to assume overriding powers on film certification, young filmmakers urge Centre

On June 25, filmmaker-writer-composer-singer Vishal Bhardwaj tweeted about the government's proposed amendment of the Cinematograph Act, 1952, which seeks to grant revisionary powers to the Central government on film certification.

With the amendments now proposed, the Union government can direct the Chairman of the CBFC to re-examine a film which has been certified for public exhibition on account of violation of Section 5B(1) of the Cinematograph Act. As per this section, “a film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of [the sovereignty and integrity of India] the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence”.

"What a strange proposition to amend the law on film certification. What is the meaning of a censor certificate if the film can be re-examined on anybody's complaint?" tweeted Bhardwaj.

The ministry has asked the public for opinion on the proposals by July 2.

“I urge the Indian film fraternity and film lovers to oppose this unfair and unreasonable provision by writing an email to dhanpreet.kaur@ips.gov.in and sharing their opinion before the deadline of 2 July,” Bhardwaj tweeted, tagging the Producers Guild of India, Indian Film & TV Directors' Association and Federation of Western India Cine Employees.

While these associations are yet to come out with a concrete response, a group of young, independent filmmakers has taken the lead in issuing an appeal late on Sunday night. It states: “As another blow to the film fraternity, the Ministry of Information and Broadcasting has proposed new amendments to the Cinematograph Act under which the Central Government would have the power to revoke or recall certification of films which have already been cleared by the Censor Board. Undermining the sovereignty of the Censor Board and the Supreme Court, this provision will effectively give the Central Government supreme power over cinema exhibition in the country potentially endangering freedom of expression and democratic dissent. This will also render filmmakers powerless at the hands of the state as more vulnerable to threats, vandalism and intimidation of mob censors.”

“The proposal to amend the Cinematograph Act comes two months after the Centre dissolved the Film Certification Appellate Tribunal (FCAT) in April 2021. Now, filmmakers unhappy with the decision of the Censor Board are left with no option but to appeal in the High Courts, bearing legal cost of representation and financial loss due to potential delays in film releases until the overburdened judicial system takes up the matter,” it added.

The group of concerned filmmakers, academics, researchers, programmers, students, technicians, lawyers and members of the civil society have drafted a response to the Ministry of I&B highlighting these concerns, in addition to commenting on various other sections of the proposed bill.

The short summary of their suggestions raises five points:

1. The Cinematograph (Amendment) Bill 2021 must clearly define the role of the Central Board of Film Certification (CBFC) as a body which certifies film content for public exhibition and not as a censoring body.

2. We recommend that the amendments giving powers to the Central Government to revoke a film certificate must be dropped. We agree with the spirit of the Supreme Court decision which held that this would violate the separation of powers in our democracy.

3. While we agree that film piracy poses real challenges to filmmakers, the proposed amendments do not address this concern effectively merely by introducing a penal provision. If introduced, sufficient exceptions on fair use, de minimis use and derivative work specific to films must be created. Systemic solutions to genuinely counter piracy must be introduced.

4. We recommend that the Film Certification Appellate Tribunal (FCAT) be reinstated, as it enables affordable and accessible remedies to filmmakers.

5. The Cinematograph Act must be amended to include a clear definition of ‘public’ exhibition and bring under its purview only commercial films with substantive capital investment and revenue models tied to theatrical exhibitions.

The appeal requests members of the civil society to endorse the statement (if they agree with it) by Thursday, July 1, 2021 to “embolden the fight against authoritarian censorship”, while urging people to write to the ministryindependently with any other suggestions they may have.

The 672 signatories at the time of going to press include leading names like filmmakers Zoya Akhtar, Vetri Maaran, Dibakar Banerjee, Anurag Kashyap, Farhan Akhtar, Anamika Haksar, Neeraj Ghaywan and Abhishek Chaubey, writer lyricist and comic Varun Grover and actor Shabana Azmi and Rohini Hattangadi.