CENSORSHIP AND FREEDOM OF SPEECH IN FILM INDUSTRY
CENSORSHIP AND FREEDOM OF SPEECH IN FILM INDUSTRY
INTRODUCTION
Here the paper is a critical analysis of freedom in the film industry. Censorship has an important role in developing a movie. They restrict the films that make a negative impact on society. Here this paper is studying the history , legal aspects and case analysis related to censorship. The release of the movie Janaki v. State of Kerala restricted by the censor board. The paper analysed the court observation on the decision of the censor board.
CENSOR BOARD BLOCKED TO RELEASE MOVIE - JANAKI V. STATE OF KERALA
The Kerala high court questioned the central board film certification decision. Suresh gopi starrer movie Janaki v.State of Kerala had a block in the release time 27 th june. The director of the censorship board upheld the board's earlier decision. They made the decision to change the name of the character. Janaki, the title name of Anupama Parameswaran. The board argued that the name of the character, ‘Janaki’ is associated with the meaning of goddess Sita. They state that is a clear violation of guideline 2(x)i under section 5B(2) of cinematograph act 1952. The movie contains mature sexual content and violence.
Meaning of censorship
Censorship is the suppression of speech, public communication or other information.The man has the right to express, develop their ideas in different media like cinema,audio clips,etc. these opinions or expressions cause disturbance in public places or public harmony. The censorship imposed by public administration. It avoids negative consequences of creation. These come under the definition of reasonable restrictions of Article 19(2) of the Indian constitution. Censorship done by the concerned authority.
HISTORY OF CENSORSHIP
Censorship of movie
Ancient times :it is used in the Greek community and Rome community. It gives importance to religious worship. In ancient Israel and Early Christianity period Jesus encountered criticism of the society.
History of censorship in India: The history of censorship shows the varied collection of religious systems. In the colonial period people were controlled by British ruling. They developed laws to suppress the press and media. Press and registration of books act 1867, Gagging Act of 1857, and Indian Penal Code 1872 provide the actions in criminal nature.
LEGAL FRAMEWORK RELATED TO INDIAN MOVIE
Censorship under international law:
Under international law there is a provision for states that is state are allowed to restrict creativity on the basis of the characters affecting to the
Censorship in Indian law:
In Bharatiya Nyaya Samhitha: in Section 98 of BNS provide provision related to the power to declare certain publications forfeited. It is punishable.
In the Central Bureau of Film Certification: The body of the authority performed to analyse the movies that were produced in the country. This is a statutory body and it is operational under the cinematography act, 1952. It regulates the content of films that are brought into the public domain. Broadcasters are bound by the guidelines of ‘programme code and advertisement code’ to follow the certificate provided.
U- Categories unrestricted exhibition
UA- Categories unrestricted exhibition except children below the age
A- Categories of exhibition and restricted to adults.
S- Category of films restricted to specified class of people
Press council of India: There is a quasi judicial and statutory body which is established under the Press council act, 1978. It acts as a self regulatory body.
The cable television network act:It provides guidelines and provisions related to filter the programs which can be broadcast. It keeps track of cable TV operators. They provide regulations related to the content going to broadcast.
In this case the Supreme court addressed the issues related to the freedom of speech expression and regulation of films under cinematograph act,1952. It deals with the question regarding scope and limitation of free expression.
K A Abbas , was a popular journalist, playwright, and film maker. He created a short film titled A tale of four cities. The film related to the contrasting lives of the impoverished in the four metropolitan cities. Abbas secured a U certificate from the central government board of film certification for his movie and it was allowed to show without any age restriction.
The Censor Board, through its Examining Committee, initially recommended restricting the film to an adult audience, citing a scene depicting the red-light district in Bombay. The scene in question portrayed immoral trafficking, prostitution, and economic exploitation, which the Censor Board deemed unsuitable for children. The Revising Committee upheld this decision. On the basis of the appeal, the central government removed the ‘U’ certificate.
Abbas argued that the imposition of pre-censorship violates his fundamental right to freedom of speech and expression that is protected under Article 19(1)(a) of the Indian Constitution.
Petitioner's arguments based on :
Violation of freedom of speech and expression
There is lack of clear guidelines for censorship
There is a need for time limits and appellant mechanism
Respondents arguments
For the protection public morality
Constitutionality of pre-censorship
Adequate guidelines under the cinematograph act
Judgment of case: in this case supreme court decision delivered by Chief Justice Hidayitullah, he upheld the Constitutionality of the pre-censorship power granted to the Censor Board.
Bobby art international v. Om pal Singh hoon
In this case , the film include some rape scenes of Bandit Queen. The court underlined the importance of the guidelines of the censor board. In the decision stated that a film that has been certified by the censorship board cannot be banned because it offends certain fringe groups or criticises the government
Conclusion
The subject was selected on the basis of the issue that related to the release of movie janaki v. States of Kerala. Freedom of expression is directly connected with the decision of the censor board. The decisions of the censor board affect the creativity and natural justice of an artist.
Closing Credit
Author- Malavika Zachariah
"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"
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