07/August/2018

 

THE CINEMATOGRAPH (AMENDMENT) BILL, 2018

A

BILL

To further amend The Cinematograph Act, 1952

 

Be it enacted by Parliament in the Sixty-Eighth Year of the Republic of India as follows:-

 

 

 

1. (1) This Act may be called the Criminal Law (Amendment) Act, 2017.

 (2) It shall come into force on such date as the Central Government may

 by notification in the Official Gazette, appoint.

Short title and commencement

 

2. (1) In the Cinematograph Act, 1952 (hereinafter referred to as the principal Act), Clause (iii) of sub-section (1) of Section 4 shall be omitted.

  (2) After sub-section (2) of Section 4, the following Clause shall be inserted:

 

 “(3) No person apart from the Board shall sanction films for public exhibition”

3. For sub-section (2) of Section 5B of the principal Act, the following Sub-section shall be substituted-

Amendment of Section 4

 

  “(2) Subject to the provisions contained in sub-section (1), the Board shall exercise its power to certify a film for public exhibition in accordance with the Guidelines mentioned in Schedule I”

Amendment of Section 5B

 

 

4. Clause (e) of sub-section (1) of Section 5C of the principal Act shall be

omitted.

Amendment of Section 5C

 

 

 5. Section 6 of the principal Act shall be omitted.

Omission of Section 6

5. 6. 
      In sub-section (1) of Section 13 of the principal Act, the for the following words “likely to cause a breach of the peace, by order, suspend the exhibition of the film”, the words “likely to cause a breach of public order, despite taking reasonable measures to prevent the same, by order, suspend the exhibition of the film”

    

 

Amendment of Section 13

7. 
   After Part IV of the principal Act, the following Schedule shall be inserted, -

“ SCHEDULE I

Insertion of Schedule I

Part I

1. Objective of Guidelines:

These guidelines will ensure that -

1. Children and adults are protected from potentially harmful or otherwise unsuitable content;
2. Audiences, particularly parents and those with responsibility for children, are empowered to make informed viewing decisions;
3. Artistic expression and creative freedom are not unduly curbed in the process of classification of films;
4. The process of certification by CBFC is responsive, at all times, to social change.

 

Part II

2. Category of Certification

Certification of a work shall be in the following categories –

1. U - A film under this category will be suitable for all persons, regardless of age, and is often family friendly.

 

1. U/A 12+ - A film under this category will be suitable for persons above 12 years of

age and can be viewed by a person under the age of 12 with parental guidance.

 

1. U/A 15+ - A film under this category will be suitable for persons (adolescents) above 15 years and can be viewed by a person under the age of 15 with parental guidance.

 

1. A- A film under this category will be suitable for public exhibition, but restricted to adults.

 

1. A-C (A with Caution) - A film falling under this category is restricted for adults with the specific purpose of cautioning them that it has more than a reasonable amount of content such as violence, sex, nudity, drugs and other related contents.

 

1. S -A film falling under this category is restricted to viewership by members of a profession or any class of persons, having regard to the nature, content and theme of the film.

 

Part III

3. General Guidelines for Classification of Films:

There are general factors that may influence a classification decision at any level and in connection with any issue. The following factors, and the intention of the filmmaker vis-i-vis the same, are of particular importance when a film/video is a borderline case between two stages categories, and are to be read with Part IV of the Guidelines.

1. Context:

The Board shall ensure that a film is examined in the light of the period depicted in the film and the contemporary standards of the country and the people to which the film relates to. Therefore, the context in which an issue is presented within a film or video would be given consideration. Factors such as the setting of a work (historical, fantasy, realistic, contemporary etc), the manner of presentation of the film, the apparent intention of the film, the original production date of the work, and any special merits of the work would influence the classification decision.

 

1. Theme:

Classification decisions will take into account the theme of a work, but will depend significantly on the treatment of that theme, and especially the sensitivity of its presentation. The most challenging themes (for example, drug misuse, violence, paedophilia, sex, racial or communal hared or violence etc) are unlikely to be appropriate at the most junior levels of classification.

 

1. Tone and Impact:

The Board shall ensure that a film is judged in its entirety from the point of view of its overall impact. The tone of the film can be an important factor in deciding the influence it may have on various groups of people. Thus, films that have a dark and unsettling tone may receive a higher classification. Other tonal considerations that might have an influence on classification include the extent to which the film presents a view of the world that is antilife, pessimistic, or despairing or the extent to which transgressive or harmful behaviour is condoned or made to appear normal.

 

1. Target Audience:

 The classification of the film shall also depend upon the target audience of the work and the impact of such work on such audience.

 

Part IV

4. Categorization Guidelines

This Part of Guidelines provides the specific approach the Board would take for various categories of certification from U to A-C.

1. U

Films classified as ‘U’ should be suitable for all audiences of all ages. They should be set within a positive framework and should offer reassuring counterbalances to any violence, threat or horror.

1. Discrimination – Discriminatory language or behaviour will not be acceptable unless clearly disapproved of in the film.

 

1. Psychotropic Substances, Liquor, Smoking, Tobacco- References to illegal drugs, or misuse of drugs, cigarettes, liquor must be infrequent and innocuous, or have a clear educational purpose or anti-drug message suitable for young children.

 

• Imitable behaviour- Potentially dangerous or anti-social behaviour which young children may copy must be clearly disapproved of. There should be no emphasis on realistic or easily accessible weapons such as knives.

 

1. Language- Infrequent use only of very mild offensive language.

 

1. Nudity- The work may have infrequent nudity but with no sexual context.

 

1. Sex- The work may have only very mild sexual behaviour such as kissing, and references to such behaviour.

 

• Fear, Threat & Horror- Scary or potentially unsettling sequences should be mild, brief, and unlikely to cause undue anxiety to young children. The outcome should be reassuring.

 

• Violence- Violence should generally be very mild. Mild violence may be acceptable if it is justified by context (for example, comedic animated, wholly unrealistic).

 

1. U/A-12+

Films classified as ‘U/A-12+’ should not unsettle a child aged around twelve or older. Unaccompanied children of any age may watch, but parents are advised to consider whether the content may upset younger, or more sensitive children.

1. Discrimination – Discriminatory language or behaviour would not be acceptable unless clearly disapproved of, or in an educational or historical context, or in a particularly dated work with no likely appeal to children. Discrimination by a character with whom children can readily identify is unacceptable.

 

1. Psychotropic Substances, Liquor, Smoking, Tobacco- References to illegal drugs, or misuse of drugs, cigarettes, liquor must be infrequent and innocuous, or have a clear educational purpose or anti-drug message suitable for young children.

 

• Imitable behaviour- No detail of potentially dangerous behaviour that young children are likely to copy, if that behaviour is presented as safe or fun. No glamorization of realistic or easily accessible weapons such knives. No focus on ant-social behaviour which children are likely to copy.

 

1. Language- Infrequent mild offensive language use only, provided that the theme calls for the same.

 

1. Nudity- There may be nudity with no sexual context.

 

1. Sex- Sexual activity may be implied, but should be discreet and infrequent. Mild sex references and innuendos only.

 

• Fear, Threat & Horror- Frightening sequences or situations where characters are in danger should not be prolonged or intense. Fantasy settings may be a mitigating factor. 

 

• Violence- Violence will usually be mild. However, there may be moderate violence, without detail, if justified by its context (for example, history, comedy or fantasy).

 

1. U/A- 15+

Films classified as U/A-15+ contain material that is generally not suitable for children aged under 15 but can be viewed by adolescents. No one younger than 15 may see a U/A-15+ film in a cinema unless accompanied by an adult. Adults planning to take a child under 15 to view a U/A-15+ film should consider whether the film is suitable for that child.

1. Discrimination – Discriminatory language or behaviour must not be endorsed by the work as a whole. Aggressive discriminatory language or behaviour will not be acceptable unless clearly condemned.

 

1. Psychotropic Substances, Liquor, Smoking, Tobacco- Misuse of drugs, cigarettes, liquor, must be infrequent and should not glamorized or give instructional detail.

 

• Imitable behaviour- No promotion of potentially dangerous behaviour which children are likely to copy. No glamorization of realistic or easily accessible weapons such as knives.

 

1. Language- There may be moderate language. Abuse, vulgar and sadistic expression may be permitted, depending on the manner in which it is used, who is using the language, its frequency within the work as a whole and any special justification.

 

1. Nudity- There may be nudity, but very discreet sexual context.

 

1. Sex- Sexual activity may be discreetly portrayed. Moderate sex references are permitted, provided that they have a place in the context of the narrative of the film.

 

• Fear, Threat & Horror- There may be moderate physical and psychological fear inducing and horror sequences. Although some scenes may be disturbing, the overall tone should not be so. Horror sequences should not be frequent or sustained. 

 

• Violence- There may be moderate violence but it should not dwell on detail. There should be no emphasis on injuries or blood, but occasional gory moments may be permitted if justified by context. Sexual violence may only be implied or briefly, and discreetly indicated, and its depiction must be justified by context.

 

1. A

Films classified as ‘A’ are suitable only for persons of the age of 18 years and above.

1. Discrimination –While there may be discriminatory themes and languages in the film, the film as a whole must not endorse or glorify discriminatory language or behaviour.

 

1. Psychotropic Substances, Liquor, Smoking, Tobacco- Imbibing of these elements may be shown, but the work as a whole must not promote or encourage misuse of the same. The misuse of easily accessible and highly dangerous substances (for example, aerosols or solvents) is not acceptable.

 

• Imitable behaviour- Dangerous behaviour (for example, committing suicide or inflicting self-harm) should not be shown in detail that could be copied by others. Context, realism and setting shall determine the acceptability of depiction of easily accessible weapons.

 

1. Language- Very strong language, including abuse and vulgar words is permitted.

 

1. Nudity- There may be nudity, even in a sexual context, but without explicit detail.

 

1. Sex- Sexual activity may be portrayed but without strong detail. References to sexual behaviour is permitted, but very strong reference can only be justified in context. Works whose primary purpose is sexual arousal or stimulation is not acceptable.

 

• Fear, Threat & Horror- There may be strong threat and horror. A sustained focus on sadistic or sexual threat is not acceptable.  

 

• Violence- Strong violence is permitted, but explicit gory images are not acceptable. Strong sadistic violence is not acceptable, there may be detailed verbal references to sexual violence but the depiction of sexual violence must be discreet and justified by context.

 

 

 

1. A-C

 

Films categorized as A-C are suitable only for adults above the age of 18 years, with the caution that the film has more than a reasonable amount of content falling under restricted categories such as violence, sex, nudity, drugs etc. 

 

Films under this category shall not qualify for certification in the event of the following-

 

1. Where the material is in breach of criminal law, or has been created though the commission of a criminal offence;

 

1. Where material or treatment appears to the Board to risk harm to individuals.

 

For example, the detailed portrayal of violent or dangerous acts, or of illegal use of psychotropic substances, which may cause of public harm or morals. Other examples may include portrayals of sadistic or sexual violence that make this violence looking appealing; reinforce the suggestion that victims enjoy sexual violence; or films that invite viewer complicity in sexual violence or other harmful violent activities.

 

 Where the work is pornographic in nature and/compromises explicit sexual activity/ dialogue that is non-contextual in nature. However, any sexually explicit material for educational purposes shall be allowed.

 

• Where the work involves sadistic or sexual violence with children.

 

1. Where the work, including its dialogues, are likely to encourage an interest in sexually abusive activity which may include adults role-playing as non-adults.

 

 

1. S

 

Films categorized as S are meant for viewership for members of a profession or any class of persons, having regard to the nature, content and theme of the film, fall under this category.

 

 

 

Part V

 

5. Classification of a Film by Board

 

1. When an applicant producer/distributor submits the final cut of the film to the Board, he shall specify his target audience and the classification sought. If the Board is of the view that the film can be certified by them as per the preceding guidelines for certification, the Board shall inform the producer/ distributor about the likely classification the work will receive and reasons for such decision.

 

1. If the applicant producer/distributor does not accept a particular classification given to its film, he shall have the liberty to effect changes to the film and resubmit the same to the Board for achieving the desired category.

 

• The Board shall not propose or make any cuts, revisions or modifications to the film to meet any of the classification categories.

 

1. The Board can, in the event that it is of the view that the film does not merit classification under any category in accordance with the Guidelines contained herein, refuse to accord certification under any of the above categories, and record its reasons in writing for such decision.

 

In such an event, the Board shall communicate the reasons for so doing to the applicant producer/ distributor and due opportunity shall be given to him to be heard before such an order is passed, in which reasons for refusal of certification shall be recorded in detail by the concerned authority.

 

Provided that the applicant will be given a period of fifteen days, from the date of communication of reasons, to respond and submit his argument in favour of the classification sought. “

 

STATEMENT OF OBJECTS AND REASONS

            The freedom of speech and expression guaranteed to all citizens of India under Article 19(1)(a) of the Constitution of India is a fundamental basis for the manifestation of all forms of liberties.

            Artistic freedom is an essential part of the freedom of speech and expression, the pursuit of art is integral to the cultural development of our country. Artists, particularly film makers should have a wide scope of freedom to express their various ideas and skills. The State may regulate artistic freedom only under the grounds enumerated under Article 19(2) of the Constitution, not due to disagreement with the content of the film.

The exceptions to the freedom of speech and expression must be interpreted and read in a strict and narrow manner. The power to regulate cinema must be exercised in exceptional situations, and only due to an overriding compelling public interest.

The pre-censorship powers of the Central Board of Film Certification and the revisional powers of the Union Government constitute a paternalistic policy, which is incompatible with the polity of a mature democracy. The mandate of the Central Board of Film Certification should be strictly confined to the certification of films. The power to certify a film should rest exclusively with the Central Board of Film Certification and should not be supplanted by another entity. The power to certify a film should not be exercised in an arbitrary fashion, but in accordance with reasonable statutory guidelines.

The State has the positive mandate to uphold the space for free speech as guaranteed by the Constitution, and ensure strict action is taken against lawless elements which try to disrupt the free flow of cinematic expression. The State should only resort to the power of suspension of films as a last resort in order to maintain public order, after taking all necessary steps to prevent the disruption of public order. It is necessary that these principles are reflected in The Cinematograph Act, 1952.

 

Therefore, this Bill

 

SHASHI THAROOR

 

FINANCIAL MEMORANDUM

The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one hundred crore per annum would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees ten crore is also likely to be involved.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LOK SABHA

 

 

 

 

 

 

A

BILL

To further amend The Cinematograph Act, 1952

 

 

 

 

 

 

 

 

(Dr. Shashi Tharoor, M.P.)

 

 

 

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