Editorial: Muzzling creativity
There is a need to insulate the updated Cinematograph Act from whimsical subjective interpretation
The draft Cinematograph (Amendment) Bill, 2021, proposed by the NDA government, contains provisions that amount to clipping creativity, an essential ingredient of filmmaking. The clause that grants revisionary power to the government with the right to recall or reverse the certification of a film is fraught with dangerous ramifications. The new proposals also give powers to the government to “re-examine” films already cleared by the Central Board of Film Certification (CBFC). No wonder that several leading filmmakers have denounced the provisions, with celebrated director Adoor Gopalakrishnan dubbing it as “super censor”. However, some of the reforms proposed in the draft Bill — age-based certification, stringent provisions against piracy and Censor Board certification for perpetuity as opposed to the present system of 10 years — have been rightly welcomed by the film fraternity. In the present divisive political environment, filmmakers often find themselves caught in a bind, with cases being slapped against them on frivolous grounds. The current dispensation at the Centre had not covered itself in glory previously on the count of creative freedom and so the creative fraternity has reason to be alarmed. Not too long ago, the government abolished the Film Certification Appellate Tribunal (FCAT), an ill-advised move. In the absence of the FCAT mechanism, moviemakers are left with no option but to move courts for any grievance against the CBFC. If the amendments to the Cinematograph Act 1952 becomes the law, the sword of Damocles will keep hanging over their head even after satisfying the CBFC.
There is a need to insulate the updated Cinematograph Act from whimsical subjective interpretation. In the present scenario, following a judgment of the Karnataka High Court which was upheld by the Supreme Court in November 2020, the Centre cannot use its revisionary powers on films that have already been granted a certificate by the CBFC. Section 6 of the current Act already equips the Centre to call for records of proceedings in relation to a film’s certification. The proposed revision means that the Central Government, if the situation warranted, has the power to reverse the decision of the Board. Already, the CBFC has acquired the notoriety of turning into a Nanny state by exercising puritanical authority over the creative field. It is not for the government to dictate what people should or should not watch. This is quite anachronistic in a country that celebrates artistic freedom and diversity of ideas. In the age of internet, social media and 24×7 television, it is incongruous to have oppressive censorship laws. In fact, there is a need to revise film censorship guidelines so that only a basic certification system is followed in keeping with the principles of freedom of creative expression.
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