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Procedure For Film Certification And Guidelines For Certification

The Central Board of Film Certification whose headquarters are located in Mumbai with nine regional office locations is the body responsible for certifying films and certifying their authenticity. A film is defined as a story or event captured in moving pictures and displayed on television or in a theatre.

Since millions of films related to the motion picture industry are released throughout the year, the government also launched The Cinematograph Act, 1952. The current chairman is Prasoon Joshi. In addition to the various storylines and topics in a film, the panel reviews these to ensure that no footage or scene is shown that the panel deems inappropriate. Once the necessary changes have been made, the filmmakers receive the certificate and can approve the film.

The contents of this certificate are:
  • The name of movie
  • The duration of movie
  • Names of authorising members
  • Type of print of movie
  • The name of applicant and producer
     
  1. Movies with UA certificate- It means anyone can watch this movie.
  2. Movies with U certificate –Means those children below age of 12 should watch it under guidance of parents.
  3. Movies with A certificate- film should be watched by person of age 18 or above.
  4. Movies with S certificate- only some special section of society should be allowed to watch the film.

Procedure For Film Certification And Guidelines For Certification

The certification of movies is held to be as compulsory by the SC in 1989 as it believed that cinematographic media has a very long-lasting impact on the mind and emotions of the audience as compared to printed media or other forms of entertainment. Hence the board decides the scenes which should be deleted or modified from the film before releasing it. As immoral or derogatory scenes may have a bad effect on the min of children.

The guidelines are based on section 5B of the Act, which states that a film does not need to be certified for public screening if, in the opinion of the certification authority, the film or a portion of that film is contrary to the interests of the sovereignty and integrity of India, the security of the nations, friendly relations with foreign nations, public order, etiquette or morals, or involves defaming or disparaging the court, or is likely to incite a police station. "

Guidelines for certification of film:

  1. Violence and other antisocial actions are not celebrated or condoned.
  2. Criminals' methods of operation, as well as any images or phrases that might inspire the commission of any crime, are not shown.
  3. Portraying children as victims, perpetrators, or forced witnesses to violence, or showing children as victims or perpetrators of any type of child abuse should not be a part of movie.
  4. Any scene depicting physical and mental disabled people being abused or mocked.
  5. Animal cruelty or abuses are not shown in an unnecessary way. I.e. why it is written no animals were harmed during shooting
  6. Unnecessary or avoidable acts of violence, cruelty, and terror should not be displayed, violent situations are intended primarily for entertainment, and scenes may desensitize or dehumanize the audience. with individuals.
  7. Scenes that appear to excuse or celebrate drinking are not allowed to be displayed ( remember the caution drinking is injurious to health)
  8. Scenes depicting sexual perversions should be avoided, and if they must be displayed, they should be kept to a minimum and no specifics should be given.
  9. India's sovereignty and integrity should be unquestionably secure.
  10. There are no sequences that degrade or denigrate women in any way.
  11. Situations of sexual violence against women, such as attempted rape, rape, or any kind of molestation, or scenes of a similar type, are avoided, and if they are pertinent to the topic, they are kept to a minimum and no details are portrayed.
After a movie matches these criteria than it can be released but only after the scrutinizing by the board but if it is still considered not suitable for non adults it should be given A certificate.

Procedure for film certification
The Cinematograph Act, 1952 has laid a special procedure for issuing of film certification. A producer should go through the steps mentioned in the procedure to his film certified and pay fee and submit some documents to get his movie certified.

The steps are as follows:
  1. The film or video film, as well as any other materials listed in rule 2.1, must be sent to the regional officer of the regional centre in question. The regional officer will create an Examining Committee to watch the film after all of the film materials, fees, and written documentation required by the regulations have been received. In the event of a short film, this Examining Committee will consist of a CBFC officer and one advisory panel member, one of whom must be a woman, and in the case of a long film / feature film, four of the two members must be women. Following the screening, the CBFC must guarantee that each member submits a written report detailing his recommendations for deletions and/or alterations, as well as the certificate the film should receive. After that, the report is delivered to the Chairperson, who would instruct the regional officer to start the next steps.
     
  2. However, if the Chairperson so desires, she may send the film to the Revising Committee under Rule 24 on his or her own motion or at the request of the applicant. The Revising Committee will be made up of the Chairperson, a board member in his absence, and no more than nine members selected from the CBFC or the advisory panel, provided that none of them previously served on the Examining Committee. The Revising Committee will see the identical film print that the Examining Committee saw with no alterations, and each member will be obliged to register his or her judgement before exiting the theatre. If the Chairperson does not agree with the majority opinion, she may request that the film be seen by another Revising Committee. The Revising Committee shall have a quorum of five members, at least two of whom must be women: Provided, however, that the number of women members shall not be fewer than one-half of the total members of a committee formed under this regulation (2).
     
  3. Following the applicant's receipt of the Board's decision, he shall remove any sections (as ordered) and send them to the regional officer, along with one certified copy of the video. Before the Board issues any order that may be detrimental to the applicant of a film, he is given the chance to submit his case before the EC/RC.
     
  4. If the issue is appealed to the Film Certification Appellate Tribunal (FCAT), which is chaired by a retired judge and consists of no more than four additional members, the FCAT may hear both the applicant and the CBFC before reaching a decision.

Let's Discuss Some Cases Related To The Topic
Shri Anand Patwardhan vs The Central Board Of Film[1]
  • Anand Patwardhan's documentary War and Peace (which depicted nuclear weapons testing and the September 11 attacks) was altered 21 times before being approved for broadcast in 2002. "The cuts [the Board] wanted are so ridiculous that they won't stand up in court," Patwardhan adds. However, if these amendments are enforced, India's media freedom would be lost. A judge ruled that the edit requirement was unconstitutional, and the film was broadcast uncut.
     
  • Vijay Anand, an Indian director and the chair of the CBFC, advocated legalising the screening of X-rated films in select theatres that year. "Porn is exhibited clandestinely everywhere in India... and the only way to counter this flood of blue movies is to show them publicly in theatres with legally allowed permits," Anand added. In the aftermath of his suggestion, Anand resigned less than a year after becoming chairwoman.
     
  • Phantom Films Pvt. Ltd. And Anr vs The Central Borad Of Cetification[2]
    Anurag Kashyap and Ekta Kapoor's film Udta Punjab (2016) delivered a rundown of 9 cuts and 13 focuses (counting the request to eliminate the names of towns from Punjab). Bombay High Court approved conveyance of the film with a montage and cautioning. A duplicate of the film was released on the web and there is proof that the CBFC was involved. Kashyap said on Facebook that while he wouldn't fret the free download, he trusts individuals will pay for the film.

Nihalani said in an August 2017 meeting, only days subsequent to venturing down as CBFC president, that he got a request from the Ministry of Information and Broadcasting to stop the dissemination of this film and of somewhere around another film.

Conclusion
Hence we can understand the importance of getting the films certified and the essence of THE CINEMATOGRAPH ACT, 1952. As cinemas and modes of entertainment are being opened to a large number of people in our society it is necessary that film doesn't have a theme that has a wrong influence on the mind of audience.

End-Notes:
  1. Writ Petition No.229 Of 2003
  2. Writ Petition (L) No. 1529 Of 2016
Suggested Articles:
  1. Censorship of Films
  2. Media Laws: An Overview
  3. Cinematograph (Amendment) Bill, 2021
  4. Copyright Certificate, Issued by Govt of India
  5. The Role of Central Board of Film Certification
  6. Banning Films or Article 19(1)(A) - Film laws in India
  7. Censorship Case: S. Rangarajan Vs. P. Jagjivan Ram
  8. Copyright of Cinematograph Films and Sound Recording
  9. The Cinematograph Act, 1952: The Guardian of Victorian Morality and Decency

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