This Article has been written by Ms. Simran Pathan, a Third-year student of Balaji Law College, Pune
Keywords: CBFC, Copyright, Cinema and Censorship.
Introduction
Millions of people all around the world seem to have always been drawn to films in particular. Presenting themselves as one of the primary sources of knowledge and enjoyment, the movie theatre not only has a very prominent position in the public sphere but also plays a role in influencing people’s thoughts and emotions all over the world. Cinema is loved by practically everyone, regardless of age, and is often seen as a reflection of society. This includes children, teenagers, adults, and the elderly.
Cinema takes a key position in society since, in addition to entertaining everyone, it is regarded as one of the most important representations of ideas, beliefs, culture, attitudes, and conventions. If this image is not properly supervised and presented in an appropriate way, it will negatively impact the social order, discipline, and peace. In light of the aforementioned consideration, we may therefore conclude that film certification and censorship would be crucial in this situation.
India is the world’s largest film industry, turning out over 900 feature films and a significant number of short films annually. Every two months, theatres host crowds as large as the nation’s population. When millions of people rely on film for their livelihood, it takes a huge amount of investment. Filmmakers try to put in everything they can to make sure that the result they endeavour to move ahead can earn them profits because of the growing global rivalry and the need to survive in the long run. Due to excessive passion and zeal instilled in them during this process, they can end up creating films that may appeal to and be appreciated by a particular group or even cause considerable disapproval and rebellion by some as a result of discontent or a conflict of beliefs.
The Role of the Central Board of Film Certification in Copyright
Examining and reviewing the product before it is released to the public is vital when the media utilizes the power granted to them by Article 19(1)(a). Compared to the printed word, the masses appear to be far more swayed and lured aside by the amalgamation of both audio and visual effects.
The final step in the film examination process is called “censorship” or “certification,” which determines whether a certain movie should be allowed to be seen by the public or whether it must be permitted to be shown but with changes and omissions. It is imperative to verify that the populace is not subjected to material that could potentially disrupt their psychological well-being and cause trauma.
Mumbai is the primary regional office of the CBFC, which has nine regional offices around India where it provides certifications. The movie must first be submitted for approval at the regional office, after which it is viewed by an examination committee before receiving the necessary clearance. The applicant may visit the CBFC’s Mumbai headquarters if they are dissatisfied with the clearance. An appeal may be filed to the film accreditation Appellate Tribunal in New Delhi if the applicant is dissatisfied even after reviewing the head office’s decision.
Because of the ongoing dispute involving the Censor Board and filmmakers, news about film certification often makes headlines. The Board believes it is its responsibility to suggest appropriate modifications and edits to the movies and make them suitable for public viewing, whereas filmmakers seek complete freedom in creating and presenting their work to the public.
The CBFC handles film certification in India.
- Under the Information and Broadcasting Ministry, it is a statutory body.
- In accordance with the guidelines of the Cinematograph Act of 1952, it controls the public showing of motion pictures.
- A film cannot be shown in public until it has received CBFC certification.
As stated by the Indian Supreme Court Cinema censorship is seen required because, in contrast to printed materials, films guarantee a high level of comprehension and retention while inspiring contemplation and action. The viewers’ brains will be strongly affected, and their emotions may be affected, by the combination of word and action, sight and sound, and the elimination of any distracting notions in a semi-dark auditorium. It can therefore inspire or foster aggressive or negative behaviour and have just as much possibility of doing good as it does for evil. It is incomparable to other forms of communication. Therefore, prior constraint censorship is both desired and essential.
The CBFC certifies films, but in recent months, it has garnered attention for allegedly engaging in moral policing. As a result, renowned actor and filmmaker Palekar felt compelled to try to resolve the issue by filing a Supreme Court case. The CBFC has traditionally taken a leading role in defending the nation’s moral fabric. The use of inciting animosity between groups, the risk of gravely hurting the feelings of a specific group, community, or religion, or the potential for an unsafe situation involving law and order have all been employed as strategies to suppress artistic expression.
Case Instances
- It is an odd coincidence that Padmavati will be released simultaneously with the fact that filmmaker Amol Palekar’s appeal is heard by the highest court, as the Supreme Court also lifted the ban imposed by some states. He had filed it in 2017 in opposition to the Central Board of Film Certification’s (CBFC) guiding laws, the Cinematograph Act of 1952 and the Cinematograph Rules of 1983. The petition questions the Board’s legitimacy as a “censorship board” in and of itself.
- In a different instance, the Delhi High Court on January 10th awarded the movie Mohalla Assi an “A” certificate following a two-year legal fight. The movie, which is based on the Hindi novel Kashi Ka Assi (2004) by Kashinath Singh, examines Varanasi’s globalization as well as the immigration wave. The film was deemed to be “highly disparaging of humans, a sect, faith and everything related to mythology,” according to the Board, which was then led by Pahlaj Nihalani.
Unless there is a document to the contrary, the owner of the copyright in a film is usually the person who made the arrangements for the film, the filmmaker, the film’s production company, or the individual or company that commissioned the film. The owner of the copyright is the individual who made the film if it was not commissioned, such as a home video.
Additionally, ownership can change based on things like employment and licensing contracts. In cases where multiple individuals contributed to the film’s creation, copyright will be divided equally.
Conclusion
In conclusion, one of the absolute most effective ways to entertain people and shape their thoughts is through the movie. It may implant conflicting ideas and beliefs that force individuals to adopt a particular mindset or motivate them to behave in a particular way. The influence of films on people is so strong that it can subtly prompt them to act in ways consistent with what they see on screen. Because it combines so many different elements such as: drama, music, speech, dance, screenplay, etc., it has a stronger impact on people’s emotions and minds, making censorship crucial.
Since perception possesses one of the strongest impacts on an individual, constraints must be put in place since the way something is shown may cause the general public to believe and act similarly. Censorship is often necessary to control human behavior since, in the absence of it, people may be encouraged to participate in risky or immoral behaviors. However, there is no damage at all as long as it is done legally if the film is intended to transmit an ethical message and the public takes it to heart, using it to advance the betterment and expansion of society or to raise awareness of it.
When selecting a movie, the board should consider the advantages and disadvantages of each option and make sure that their choice won’t spark unneeded arguments and disputes. It should guarantee that their declaration leaves room for no controversies or suppositions. It is imperative that the board acknowledges that they bear the responsibility of guaranteeing that the film is accessible to the public and, consequently, possess the power to oversee the influence that a film may exert on the general public.
References
- The Role of Central Board of Film Certification (CBFC) In The Present Democracy And The Challenges, Nirali. https://www.legalservicesindia.com/article/2490/The-Role-of-Central-Board-of-Film-Certification.html
- Role of CBFC: Challenging the Censors, Indian Legal. https://www.indialegallive.com/special-story/role-of-central-board-of-film-certification-challenging-the-censors/
- Films and television broadcasts. https://copyright.unimelb.edu.au/shared/types-of-copyright-material/films-and-television-broadcasts#:~:text=that%20you%20use.-,Ownership,an%20agreement%20to%20the%20contrary.