Provisions

The CBFC or Central Board of Film Certification is a statutory film-certification body working under the Union Ministry of Information and Broadcasting.

About CBFC: Its Full Form, and Origin

• CBFC Full Form: Central Board of Film Certification
• Mandate: The CBFC has been mandated to regulate the public exhibition of films under the provisions of the Cinematograph Act 1952.
  • Films can be screened in cinemas and on television only after certification by the board and edited.
• Formation: After the production of India’s first film Raja Harishchandra, the Indian Cinematograph Act came into existence.
  • Initially, the censor bodies were independent under the police chiefs of the cities of Madras, Bombay, Calcutta, Lahore, and Rangoon.
  • After India’s independence, autonomous regional censors were absorbed into the Bombay Board of Film Censors.
  • The Bombay board was reorganized into the Central Board of Film Censors after the passing of the Cinematograph Act of 1952.
  • After revision of cinematography rules in 1983, the Central Board of Film Certification came into existence. 

CBFC: Its Structure and Composition

• Members: The board is made up of a chairperson and 23 members, all of whom are appointed by the central government. The current chairperson of CBFC is Prasoon Joshi.
• Qualifications: Members of the board are chosen from the fields of social science, education, law, the arts, and filmmaking.

CBFC: Its Powers 

• Powers to Certify: The CBFC has been given powers under the act to certify films under four categories. It includes U, A, U/A and S. the board can also refuse to certify a film under conditions such as:
  • If the film glorifies anti-social activities;
  • If the film contains criminal activities;
  • If children are involved in violent acts or abuse;
  • If the film ridicules the physically or mentally handicapped;
  • If the film contains scenes that encourage alcohol consumption, drug addiction or smoking;
  • If the film contains scenes that depict sexual violence and obscenity;
  • If the film degrades race, religion or other social group;
  • If the film hampers India’s sovereignty and integrity or affects relations with a foreign nation;

CBFC: Its Functions

• Certification of Films: Before releasing a film for the consumption of audiences, it must be considered appropriate. For that purpose, the CBFC has been set up as a certifying body.
• Prescribe Age Restrictions on Movies Exhibited: The CBFC prescribes the age group of people who can watch the movie.
• Certifying Foreign and Dubbed Movies: The CBFC not just certifies films belonging to a particular language, but also those belonging to foreign countries and different languages.

CBFC: Its Criticism

• Bribery for Certificate: There have been instances where film producers have bribed the CBFC to obtain a UA certificate, which entitles them to a 30-percent discount in entertainment tax. 
• Leaking of Movie: Many filmmakers have accused CBFC of purposefully leaking movies on illegal streaming sites for their criticisms against working of CBFC.
• Political Interference: CBFC has often acted as an extension of the government body by opposing movies or scenes that do not confer with the views of the government.
• Attack on freedom of Expression: Many filmmakers have accused CBFC of violating their freedom of expression by demanding cuts, thereby hampering the essence of the movie.
• Lack of Transparency: There is not clear transparency on the functioning of the CBFC when it comes to certifying films.

Categories of Certification by CBFC

• U – Unrestricted public exhibition with family-friendly movies. These contain universal themes like education, family, drama, romance, sci-fi, action etc. They can also contain some form of mild violence;
• A – Restricted to adult audiences but nudity is not allowed. They may contain strong violence, explicit and strong sexual scenes and abusive language.
• U/A – Unrestricted public exhibition, with parental guidance for children under 12.  They may contain moderate to strong violence, moderate sexual scenes, frightening scenes, blood flow, or muted abusive language.
• S – Restricted to specialized audiences, such as doctors or scientists. They cannot be viewed in public.

About Film Certification Appellate Tribunal (FCAT)

• About: FCAT was set up under the Ministry of Information and Broadcasting as per Section 5(D) of the Cinematograph Act, 1952, to hear appeals filed by applicants aggrieved by any order of the Central Board of Film Certification (CBFC).
• Appeal Process: The aggrieved person needs to file an appeal within 30 days from the date of the CBFC order. Following the appeal, the CBFC carries out a second review of the film.
• Members: The FCAT is headed by a chairperson, who is generally a retired Supreme Court judge. The chairperson is assisted by other members.
• Abolition: The FCAT was abolished through the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021.
  • Through the amendment, the term “Tribunal” has been replaced with the term “High Court” in various sections of the Cinematograph Act. 
  • Filmmakers aggrieved with the decisions of the CBFC are now required to approach the High Court. However, this move has not been viewed favorably by the film fraternity.

Way Forward

• Use of Technology: Since human opinion is biased, it would be appropriate to employ technologies such as AI to certify films.
• Awareness on Certification Guidelines: Advisory panel members, media and filmmakers have to be made aware about the guidelines for certification.
• Independent Functioning: The members of CBFC must discharge their functions without partisanship so that rights of all stakeholders are upheld.