A CRITICAL ANALYSIS OF THE CINEMATOGRAPH ACT, 1952

This article is written by Mehak Vardhan of BBA LLB of NMIMS Kirti P. Mehta School of Law, an intern under Legal Vidhiya

ABSTRACT

This critical examination delves into the Cinematograph Act of 1952 and its pivotal role in overseeing film exhibitions in India. The Act effectively balances the realms of artistic expression and societal values while upholding the principles of freedom of speech and expression as outlined in the Indian Constitution. It institutes the Central Board of Film Certification (CBFC) to classify films into four certification categories: Universal (U), Parental Guidance (UA), Adults only (A), and restricted to a special class of persons (S). The certification process entails a thorough evaluation, opportunities for appeals, and penalties for violations. Furthermore, the Act covers aspects like licensing, the authority to establish rules, and exemptions related to cinematograph exhibitions. The analysis also explores controversies associated with the CBFC and issues pertaining to censorship.

Keywords– Cinematograph Act 1952, Central Board of Film Certification (CBFC), Film certification , Film censorship, Licensing, controversies

INTRODUCTION

The Cinematograph Act of 1952, often referred to as “The Act,” was enacted by the Indian Parliament to regulate the screening of films in accordance with the societal norms and legal boundaries specified in Article 19(1)(a) and 19(2) of the Indian Constitution. In simpler terms, its objective is to ensure that the exhibition of films respects the constitutional right to freedom of speech and expression while also recognizing reasonable restrictions in the interest of public order, morality, and decency. This legislation provides a structure for maintaining equilibrium between artistic expression and societal values within the domain of Indian cinema.

DEFINITION

A law designed to establish guidelines for certifying movies for public screening and to regulate the screening of films using cinematic equipment.

HISTORY

The Indian Cinematograph Act was put into effect in 1920, seven years subsequent to the release of India’s first film, “Raja Harishchandra,” directed by Dadasaheb Phalke. Initially, censorship boards operated as distinct entities under the supervision of police chiefs in cities such as Madras (now Chennai), Bombay (now Mumbai), Calcutta (now Kolkata), Lahore (now in Pakistan), and Rangoon (now Yangon in Myanmar). Following India’s independence in 1947, these regional censor boards were amalgamated into the Bombay Board of Film Censors. The enactment of the Cinematograph Act of 1952 led to the restructuring of the Bombay Board, establishing the Central Board of Film Censors.

PRINCIPLES

The fundamental principles that guide the board revolve around promoting wholesome public entertainment and education. Additionally, the board is committed to embracing contemporary technology to enhance transparency in the certification process and the overall operations of the board, making them accessible to filmmakers, the media, and the general public. Furthermore, it’s important to note that every video, irrespective of its distribution platform in India, must undergo certification by the Central Board of Film Certification (CBFC). These standards are also recommended to be applicable globally.

FILM CERTIFICATION IN INDIA

In India, the public screening of films is regulated by the Cinematograph Act of 1952, which establishes the Central Board of Film Certification (CBFC), more commonly known as the censor board. The CBFC is responsible for either certifying or rejecting films based on their content. Films can be categorized into one of four certification types:

1. Universal (U): This certification is assigned to films that are considered suitable for unrestricted public viewing. Essentially, a ‘U’ certificate indicates that the film is family-friendly and can be watched by individuals of all age groups, including children.
2. Parental Guidance (UA): The ‘UA’ certificate is issued when a film contains material that requires advisory guidance for parents or guardians. It assists them in determining whether a child under the age of twelve should watch the film.
3. Adults only (A): Films that are granted an ‘A’ certificate are restricted to individuals aged eighteen and above, as per the Indian Majority Act of 1857. Such films are deemed unsuitable for children due to their potentially negative influence.
4. Restricted to a special class of persons (S): The ‘S’ certificate is provided when the film’s theme, nature, or content is appropriate only for a specific group of individuals or professionals.

These certifications serve a critical role in informing audiences and ensuring that films are exhibited in a manner that aligns with their content and potential impact on viewers.

FILM CERTIFICATION PROCESS IN INDIA

In India, the Central Board of Film Certification (CBFC) conducts a comprehensive evaluation of films to ensure they conform to contemporary societal standards in accordance with the Cinematograph Act of 1952. This process, elaborated in section 4 of the Act, entails a meticulous scrutiny of the film’s content. The CBFC possesses the authority to either grant a certification or issue a rejection order. When a rejection order is issued, it is accompanied by a detailed explanation, adhering to the principles of natural justice, particularly ‘audi alteram partem.’

If a film is granted a certification, it remains valid for a period of ten years and is officially published in the Gazette of India. However, in the event of a filmmaker disagreeing with the CBFC’s decision, they have the option to file an appeal with the Film Certificate Appellate Tribunal (FCAT), which functions as a quasi-judicial body. This appeal must be filed within thirty days of receiving the CBFC’s decision (section 5C). Essentially, the film must navigate through three distinct stages: the Examining Committee, the Revising Committee, and FCAT. Only when the film faces rejection from all three of these bodies is it considered banned, leaving legal recourse through the courts as the last option available to the filmmaker.

PROVISIONS OF THIS ACT

SUSPENSION AND REVOCATION OF FILM CERTIFICATES

• Section 5-E of the Cinematograph Act, 1952, confers the Central Government with the power to suspend or annul a film certificate by means of an official notification published in the Official Gazette. This course of action can be taken in cases where the Central Government determines that a film is being exhibited in a manner that deviates from its original certification (i.e., it has been altered) or if it is being displayed in contravention of the rules and regulations set forth in this section of the Act.
• When such a notification is issued, the Central Government is entitled to request the certificate and any duplicates from the film’s applicant or any other party who holds the rights to the film. It’s important to emphasize that this suspension or revocation can only be executed after affording the concerned party an opportunity to present their standpoint on the matter. During the period of suspension, the film is considered uncertified.

APPEALS UNDER THE CINEMATOGRAPH ACT, 1952

Section 5C of the Cinematograph Act, 1952, deals with the process of lodging appeals in the context of film certification.

(1) In situations where an individual who is in the process of obtaining a film certificate disagrees with a decision made by the Board, be it a refusal to grant a certificate, or the issuance of an “A,” “S,” or “UA” certificate, or the issuance of directives for edits or alterations to the film, they possess the right to file an appeal with the Tribunal. This appeal must be filed within thirty days of the Board’s decision. If there is a valid reason for the delay, the Tribunal may consider permitting the appeal to be submitted within an additional thirty days.

(2) The initiation of an appeal under this section necessitates the submission of a written petition by the appellant. This petition should be accompanied by a concise explanation of the reasons for contesting the decision of the Board, provided that such reasons have been furnished to the appellant. Furthermore, the appellant is required to pay a fee, the amount of which should not exceed one thousand rupees.

REVIEW OF CENTRAL GOVERNMENT ORDERS

Section 5-F of the Cinematograph Act, 1952, delineates the procedure for reevaluating orders issued by the Central Government under Section 5-E. In situations where an applicant for a certificate or another entity holding the film’s rights feels dissatisfied with the order delivered by the Central Government, they retain the option to apply for a review. This application must be made within sixty days from the date of the order’s official publication in the Official Gazette. The application should present the grounds on which the review is being sought. In cases where there is a legitimate reason for the delay, the Central Government may permit the application to be submitted within an additional sixty-day period. Upon receiving such an application, the Central Government will grant the aggrieved party an opportunity to express their perspective and, if necessary, may conduct further inquiries. Subsequently, the Central Government will release a fresh order, which could either uphold, adjust, or overturn its prior decision. The Board responsible for film certification will then act in accordance with the Central Government’s order.

PENALTIES FOR FILM EXHIBITION CONTRAVENTIONS

• Section 7 of the Cinematograph Act, 1952, lays out the repercussions for violations associated with the public exhibition of films. Anyone who exhibits or allows the exhibition of a film in a manner that contravenes the law can face significant penalties. This includes scenarios where a film is displayed without the necessary certification from the Central Board of Film Certification (CBFC), when alterations are made to a certified film, or when the Act’s provisions or orders issued by the Central Government or the CBFC are not adhered to.
• The penalties for such infringements can be quite stringent, encompassing imprisonment for a maximum of three years and fines of up to one lakh rupees. In cases of ongoing violations, additional fines of up to twenty thousand rupees per day may apply. Moreover, if a person exhibits a video film in violation of specific provisions, they may be subject to imprisonment ranging from three months to three years and fines ranging from twenty thousand rupees to one lakh rupees. For persistent violations, daily fines may be levied.
• Additionally, the Act empowers certain judicial authorities to impose fines exceeding five thousand rupees. Notably, individuals involved in the distribution, exhibition, ownership, or operation of a cinema house will not be subject to penalties for contravening specific conditions related to cautionary endorsements on a film.
• If an individual is convicted of an offense under this section, the court also has the authority to order the forfeiture of the film to the government. It’s crucial to understand that the Act specifies that exhibiting certified films to children under the age of three years, when accompanied by their parents or guardians, will not be considered an offense under this section.

LICENSING AND REGULATION OF CINEMATOGRAPH EXHIBITIONS

• Part 3: Sections 11-12 of the Cinematograph Act introduces the requirement for licenses when it comes to cinematograph exhibitions, meaning the screening of movies. Essentially, no one is allowed to exhibit films using a cinematograph unless they do so in a place that has obtained the necessary license for this purpose. Moreover, they must adhere to any conditions and restrictions specified within these licenses.
• The authority responsible for granting these licenses, known as the “licensing authority,” is typically the district magistrate. However, for specific regions, the State Government may designate alternative authorities as the licensing authority. When granting licenses, the licensing authority is obligated to ensure compliance with established regulations and safety measures, with a focus on the safety of the attendees of these exhibitions.
• While the Act offers certain guidelines, the licensing authority has a degree of discretion in granting licenses to individuals and entities based on their judgment. If an individual or entity is unsatisfied with the licensing authority’s decision to deny them a license, they have the option to file an appeal with the State Government or a designated officer within a specified timeframe.
• Furthermore, the Central Government holds the authority to issue directives to licensees, including specific requirements for certain types of films like educational or documentary films. These directives are considered additional conditions and restrictions under which the license is granted.

REVOKING LICENSE AND RULE-MAKING AUTHORITY

• Part 4: Sections 15-17 of the Cinematograph Act focuses on the authority to revoke licenses and the power to formulate regulations. In Section 15, it is stipulated that the licensing authority has the right to revoke a license if the licensee has been convicted of an offense under Section 7 or Section 14 of the Act.
• Section 16 grants the Central Government the authority to establish regulations. These regulations encompass terms, conditions, and restrictions for the issuance of licenses and other measures related to cinematograph exhibitions aimed at ensuring public safety. The section also sets out the time limits and conditions for appealing licensing decisions. Additionally, rules created by the Central Government must be presented to both Houses of Parliament within thirty days of their promulgation. If both Houses concur, the rules will be put into effect; otherwise, they may be amended or annulled, without affecting any prior actions taken under those rules.
• In Section 17, it is defined that the Central Government has the power to grant exemptions from the provisions of this part or from any rules formulated under the Act for certain cinematograph exhibitions or classes of exhibitions. These exemptions may be subject to specific conditions and restrictions as determined by the Central Government.

CONTROVERSIES SURROUNDING CBFC

Scandals and Censorship Issues

The Central Board of Film Certification (CBFC) has faced its share of controversies. One notable concern is the alleged bribery of CBFC officials by film producers to obtain a UA certificate, which grants a 30-percent reduction in entertainment tax.

In 2002, a documentary film called “War and Peace,” directed by Anand Patwardhan, faced significant censorship. The film, which covered topics like nuclear weapons testing and the September 11 attacks, was edited 21 times before receiving approval for release. Patwardhan strongly criticized the CBFC’s demands for cuts, considering them unreasonable and a threat to freedom of expression. A court eventually ruled that the cut requirement was unconstitutional, allowing the film to be shown uncensored.

In the same year, Vijay Anand, an Indian filmmaker and CBFC chair, controversially suggested legalizing the exhibition of X-rated films in selected cinemas, arguing that this would help address the clandestine screening of adult content in India. Anand resigned from his position less than a year after proposing this idea.

The CBFC also refused to certify “Gulabi Aaina,” a film by Sridhar Rangayan about Indian transsexuals, in 2003. Rangayan appealed this decision twice but without success. The film remains banned in India but has been screened in the UK.

Another controversial case involved the documentary “Final Solution” in 2004, which examined religious riots in Gujarat resulting in over 1,000 casualties. The CBFC initially banned the film, citing concerns that it was highly provocative and could incite unrest and communal violence. However, after a sustained campaign, the ban was lifted in October of the same year.

LEGISLATIVE DEVELOPMENT IN INDIA

The Cinematograph Amendment Bill 2023 represents a significant development in the legal framework that oversees the film industry. Formulated to tackle diverse challenges and conform to changing societal values, the bill seeks to establish equilibrium between artistic freedom and the responsible production of content. Its objective is to update the legislation to reflect contemporary societal norms and adapt to advancements in technology.[1]

CONCLUSION

The Cinematograph Act, 1952, plays a pivotal role in regulating the film industry in India while respecting constitutional principles. Its comprehensive framework covers film certification, licensing, rule-making, and exemptions. However, the Act has faced its share of controversies, mainly related to censorship and allegations of bribery. A balance between artistic expression and societal standards remains a continuous challenge. As India’s film industry evolves, it is imperative to revisit and adapt the Act to contemporary needs while upholding freedom of expression and public interest.

REFERENCES

1. https://www.legalserviceindia.com/legal/article-2911-the-cinematograph-act-1952-the-guardian-of-victorian-morality-and-decency.html#:~:text=The%20Cinematograph%20Act%2C%201952%20(hereinafter,2)%20of%20the%20Indian%20Constitution.
2. https://www.icsi.edu/media/portals/86/bare%20acts/Cinematograph%20Act,%201952.pdf
3. https://en.wikipedia.org/wiki/Central_Board_of_Film_Certification#:~:text=The%20Cinematograph%20Act%20of%201952,scrapped%20by%20the%20Indian%20government.
4. https://www.cbfcindia.gov.in/main/CBFC_English/Attachments/cine_act1952.pdf
5. http://www.bareactslive.com/ACA/ACT015.HTM?AspxAutoDetectCookieSupport=1
6. http://bdlaws.minlaw.gov.bd/act-details-334.html
7. https://indianexpress.com/article/explained/film-certification-a-u-au-and-everything-in-between/
8. https://timesofindia.indiatimes.com/city/chandigarh/plea-in-hc-for-ending-ban-on-film-pb-hry-said-is-based-on-gangster/articleshow/84283351.cms
9. https://www.linkedin.com/pulse/cinematograph-amendment-bill-2023-in-depth-analysis#:~:text=The%20Cinematograph%20Act%2C%201952%2C%20governs,landscape%20governing%20the%20film%20industry.

---

[1] School, L. L. (2023, September 30). The Cinematograph Amendment Bill 2023: An In-depth Analysis. https://www.linkedin.com/pulse/cinematograph-amendment-bill-2023-in-depth-analysis#:~:text=The%20Cinematograph%20Act%2C%201952%2C%20governs,landscape%20governing%20the%20film%20industry.

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.