Govt may drop provisions on re-examination of films

CINEMATOGRAPH ACT AMENDMENTS

NEW DELHI: The government may drop a contentious provision from the proposed Cinematograph Act (Amendment) Bill, 2021, that would have granted it the ability to ask the Central Board of Film Certification (CBFC) to re-examine a film, officials familiar with the matter said on Sunday

The government may instead introduce stricter sections to curtail piracy in films, said one of the officials cited above.

The bill is slated to be sent for Cabinet approval before being introduced in Parliament. If the earlier proposed amendments were cleared, the government would have had the power to restrict cinematic content on “the basis of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to any offence”. “The Central Government in respect of a film certified for public exhibition, on account of violation of Section 5B(1) of the Act, the Central Government may, if it considers it necessary so to do, direct the Chairman of the Board to re-examine the film,” the government had said in a release.

According to Section 5B (1): “A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of [the sovereignty and integrity of India] the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence”.

“The government has received public feedback and is likely to drop the provision,” an official familiar with the matter said. The Union ministry of information and broadcasting, in a background note submitted to the parliamentary committee on information and technology on July 13, 2021,mentioned that the Shyam Benegal committee, which tabled its report for amendments to the Cinematograph Act in 2016, said that the Union home ministry could ask for a re-examination of a film by the CBFC.

“Sometimes complaints are received against a film that allude to violation of Section 5B(1) of the Act after a film is certified and provisions of Section 5B(1) are derived from Article 19(2) of the Constitution which are non-negotiable. Therefore, if a complaint is received regarding violation of

Section 5B(1), the central government may refer the matter to CBFC for re-examination of the film,” the note states, people familiar with the matter said.

“Benegal committee recommended that a certified film can be re-examined by CBFC if a reference is received from MHA in respect of violation of Section 5B(1) of the Act and clause 3 of the CBFC guidelines,” it added.

HT has reviewed a copy of the Benegal report, which highlights the point that the home ministry should be allowed to ask for a re-certification.

Meanwhile, Shyam Benegal said that the government’s decision is the way it should be. “Once you’ve certified it, how can the government ask for a recall,” he said. “It can be done, but it depends on several other factors and not just the government’s demand.”