o rn d m Goo I n d i a h i p i n n s o rs il m ce F
10/29/2023 What is Censorship?
• Although the Constitution of India de jure guarantees freedom of expression, de facto,
there are various restrictions on content, with an official view towards “maintaining communal and religious harmony,” given the history of communal tension in the nation. • The suppression of speech, public communication, or other information is known as censorship. • This may be achieved by identifying the content deemed undesirable, damaging, sensitive, or “inconvenient. Censorship is conducted and controlled by governments, private institutions, and other regulating bodies. • The issue of film censorship in India pertains to the Right To Freedom of Speech and Expression which is guaranteed under Article 19(1) (a) of the Indian Constitution as a fundamental Right. However, Fundamental Rights are not absolute but also subject to certain restrictions. • Censorships can be used in oral and written communications. Its scope includes publications judged offensive, not decent, obscene, and sexually explicit, including books, magazines, newspapers, radio, television, etc. Introduction • Films have always been concerning a most powerful medium of expression. It is stationarily accepted that cinema is a form of speech & expression. It cannot double that motion films are the most important medium of communication. They may affect public attitudes and behavior in numerous ways i.e., in negative or positive ways. Motion pictures are the best way to express public opinion. They are not the only mode of entertainment. If we see other media sources such as newspapers, books, and radio cinema play a relative role in circulating the ideas. The impact of cinema is more than other mediums. The impact of cinema on society is unbelievable. Cinema has the power to mold the morality and habits of the youth which cannot be avoided. Although to the same extent cinema is commercial but, an effective agent for the circulatory idea. So as cinema plays a vital role in circulating the ideas towards the society, it should have given some legal protection of freedom of speech and expression in any constitution. The history of censorship • The CBFC could be a governmental regulatory body for the Indian filmmaking trade, popularly called censor board, it had been discovered of cinematography act of 1952. Cinematic graph act came into existence in 1920, when the first film (Raja Harishchandra) was released in 1934. India censor boards were placed underneath the police chiefs in cities of Madras (now Chennai), Bombay (now Mumbai), Calcutta (now Kolkata), Lahore (now Pakistan), and Rangoon (now Yangon in Myanmar). • These regional censors were independent. After independence, the self- rule of regional censors was eliminated, and they were escorted under the Bombay of film censor. With the execution of the cinematograph Act in 1927, the board was uniform and rebuilt, as the CBFC censors in 1952. Cinematograph rules were amended in 1983 and since the CBFC censor are known as CBFC. Why Is censorship of movies neccesary?? • Influences the young • Nowadays, most movies have unrealistic scenes. Violent scenes that motivate young viewers to copy the tasks their heroes perform on screen may cost them their lives. movies which claim that consumption of drugs is injurious to health are actually promoting the use of drugs as young minds grow curious to try them in real life. It is better such scenes are censored. Children are also watching ‘A’ certified movies, filled with full of violence. Accessibility of movies has increased considerably. So there is a need to remove scenes of too much violence and vulgarity. • Tackles the unacceptable • If a part of a movie contains scenes or language that cannot be accepted by people of all religions, then there will be calls to ban the movie and a riot may break out. So, to avoid them, the government has set up a board that will censor those unacceptable parts. If there is no censorship, there are dangers that movies that hurt sentiments of certain sections will be out in public. This can lead to violence and threatens public order. • Keeps children safe • Censoring certain parts of movies helps keep children away from hearing and seeing inappropriate things. Nowadays, children are addicted to watching TV. When a movies is shown on TV — and most movies are these days — children are exposed to it. Inappropriate scenes or a string of wrong words can teach them all the wrong things and have a bad influence. As a society, we have a responsibility to protect children from being exposed to dangerous content. • Maintains harmony • Scenes that make a travesty of history or create friction amongst people should be completely removed. The case of the movie, Padmaavat, which released in January 2018, is the perfect example for the need of censoring movies to maintain communal harmony DISADVANTAGE OF CENSORSHIP IN MOVIES • DISADVANTAGES OF CENSORSHIP • An art • The arts do not influence people’s thoughts and feelings, let alone their actions, unless they connect with something already present in those people’s personalities or experience. People choose what art they will look at, what movies they will watch, what games they will play or what sites they will visit, because of who they already are. Cinema, like other art forms, is a medium for expression. Filmmakers translate their vision onto the big screen through months or years of hard work. Thus, to snip off portions that are undesirable in a movie is unfair. • Obstructs creativity • Censoring parts of a movies obstructs its creative flow and nullifies the effect of the narrative. It is always up to us if we want to watch a movie or not. Censoring parts of it means breaking the million thoughts and ideas that go into building that movies. Documentaries, which are meant to expose truths, are also undergoing many cuts. Filmmakers spend lot of money and time to make movies. If parts of the movie are cut in the name of censorship, they will be discouraged to make more movies. • Essence lost • Be it a plot or sub-plot, every part of a movie is crucial. So, with a part missing, the entire essence of the movie is lost. It’s time to leave movies in the hands of the movie’s crew, and not the certification board. People have the mental ability to decide what to watch and what not to watch. Government has no right to decide what people are allowed to watch. • Television and Internet • There is no censorship to content on Television and Internet. Hence there is no point in censoring just movies. There are lots of short films and movies available in the internet too. Role of cbfc • In India, films are released when they are examined by CBFC. If CBFC finds anything which seems too offensive, vulgar, or violating fundamental rights. So, the board directs the makers to make some cuts in the movie. The restrictions which are imposed must be reasonable, as the restrictions are imposed on fundamental rights. The term reasonable is mentioned in article 19 sub-clause (2) of the Indian constitution act which empowers the judiciary to set in the judgmental over legislative resolve. The supreme court always points that reasonableness will depend on upon facts and circumstances of the case. But the limitation on the right should satisfy the following requirements for its validity. • 1) The restriction which is imposed must be by a valid law. • 2) The restrictions must be reasonable. • 3) The restrictions must be imminently related to the purpose mentioned in ARTICLE 19(2). Certificate issue • At present, there are 4 categories, initially, there were only two categories: • 1) U (Universal exhibition); • 2) A (restricted to adult audiences). • In June 1983 two additional classes were added: • 3) U/A (Unrestricted public exhibition required parental guidelines for children below the age of 12); • 4) S (restricted to specialized audiences such as doctors, scientists, etc). • Instead of granting a film with the above four certifications, boards can refuse to certify. • U (Universal exhibition): films with U certifications are universal, which means they can be seen by the whole public. A film with U certification contains some universal content like education, family, action, etc. these films may contain some vulgar scenes (without any nudity and sex scenes). • U/A (requires parents’ advice below the age of 12): films with U/A certification may contain some adult scenes that are not too strong and can be watched by children but under the guidelines of parents. These types of films may contain ordinary content of violence, many scenes with vulgarity (little scene of nudity & sexual details), and muted abusive language. • A (Restricted to the adult exhibition): film with “A” certification is available only for those who have attained the age of majority. These films contain violence, sex acts, abusive languages (words that insult the women are not allowed). Such type of movies is usually re-certified for TV and video. • S (Restricted specialized class): films with “S” Certifications are not for the normal public. Only professional people have permission to watch. Suggestions
• Central Board of Film Certification should be strict while certifying a
movie. As some movies are certified by CBFC but lead to a disturbance in society because of their content. • Cinema halls should be checked when movies are screened, for crossing checking that movies are screened as to their certificate. • The last and most important point which has been found in my research is that movies with “A” certificates which are meant for adults are watched by minors. • The booking clerk gives a ticket to minors in black to earn more money. There is no proof such violators are punished or not. So, there is a need to work on this point. Conclusion • If we the history of films, it would be found that there always one section who will be against the movie. The movie is made to leave a message for society in a positive manner. Further, it depends on society how they take them. • So its up to you to decide The end of the presentation
"FEAR IS NOT EVIL. IT TELLS YOU WHAT WEAKNESS
IS. AND ONCE YOU KNOW YOUR WEAKNESS, YOU CAN BECOME STRONGER AS WELL AS KINDER." references • References • K.A Abbas vs Union of India, 1970SCC.780 see here, https://globalfreedomofexpression.columbia.edu/cases/abbas-v-india/ • Indian film board clears Lipstick Under My Burkha for release see here, https://www.theguardian.com/film/2017/apr/26/indian-film-board-clears-lipstick-under-my- burkha-release • History CBFC see here, https://www.britannica.com/topic/Central-Board-of-Film-Certification • UDTA PUNJAB” a film produced by Anurag Kashyap and Ekta Kapoor see here https://www.hindustantimes.com/bollywood/how-cbfc-made-udta-punjab-bleed-here-are-al l-the-94-cuts/story-R5V1SvN0IC3aaNUigtUm9M.html • https://www.newslaundry.com/2015/10/14/how-is-a-film-certified-by-the-censor-board • Process of certification see here , https://www.academia.edu/41614898/GRANTING_OF_CERTFICATE_TO_FILMS_UNDER_CINE MATOGRAPHIC_ACT • In 2002, the film War and Peace see here, https://www.wikiwand.com/en/Censorship_in_India • The girl with the dragon tattoo see here, https://www.scoopwhoop.com/International-Films-Banned-In-India/ THANKS FOR BEING WITH US TILL THE END OF THIS PRESENTATION