" The Cinematograph Act,1952" in a nutshell.

  

JOYDEV MAJUMDAR

MEDIA, LAW AND ETHICS 

INTRODUCTION

The cinematograph act, 1918 as it stands, is of mixed content, dealing with two separate matters, namely – (a) examination and certification of films as suitable for public exhibition and (b) regulation of cinemas including their licensing. In the Seventh schedule of the constitution, “sanctioning of cinematograph films for exhibition” has been included in entry 60 of union list and “cinemas, subject to the provision of Entry 60 of List I” in Entry 33 of the State List. The purpose of the present bill is to resolve the confusion by re-enacting the provisions of the Act1918, as amended in 1949.

The cinematograph Act, 1952 has been passed to make provisions for certification of Cinematograph films for exhibition and for regulating exhibitions by means of cinematographs.

This act was passed in Parliament on 21^st March, 1952. It consists of in total four parts which are further sub-divided into 18 sections. Part I of this Act includes the basic definition of the Act and sme basic definitions like:-

a)      “Adult” means a person who has completed his eighteenth year

b)      “Board” means the Board of Film Certification constituted by the Central Government

c)      “certificate” means the certificate granted by the Board under section 5A

d)     “cinematograph” includes any apparatus for the representation of moving pictures or series of pictures;

e)      “district magistrate”, in relation to a presidency-town, means the commissioner of police

f)       “place” includes a house, building, tent and any description of transport, whether by sea,

land or air;

This part also defines the jurisdiction of the Act.

PART II - CERTIFICATION OF FILMS FOR PUBLIC EXHIBITION

Part II deals with the certifications, making of the censor board, appellate tribunal, guiding principles violation of the law and its penalties.

For the purpose of sanctioning films for public exhibition, the Central Government,

by notification in the Official Gazette, constitute a Board to be called the “Board of Film

Certification” which shall consist of a Chairman and not less than twelve and not more than

twenty-five other members appointed by the Central Government.

Examination of films:-

Any person desiring to exhibit any film shall in the prescribed manner make an

application to the Board for a certificate in respect thereof, and the Board may, after

examining or having the film examined in the prescribed manner—

1)    sanction the film for unrestricted public exhibition

2)    sanction the film for public exhibition restricted to adults;

3)    sanction the film for public exhibition restricted to members of any profession or any class of persons, having regard to the nature, content and theme of the film

4)    direct the applicant to carry out such excisions or modifications in the film as it

        thinks necessary

5)    refuse to sanction the film for public exhibition.

TYPES OF CERTIFICATES.

After examining a film or having it examined in the prescribed manner, the Board may issue the following certificates:-

1)      “U” - the film is suitable for unrestricted public exhibition.

2)      “A” - the film is not suitable for unrestricted public exhibition, but is suitable for

              public exhibition restricted to adults.

3)      “U/A” - – for exhibition publicly but under adult guidance for children below 12 years

4)      “S” - restricted to particular community

5)      “R” - restricted to specialized profession.

 Principles for guidance in certifying films.

 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 1[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.

 Subject to the provisions contained in sub-section (1), the Central Government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this Act in sanctioning films for public exhibition.

SECTION 6A

Any person who delivers any certified film to any distributor or exhibitor shall, in such manner as may be prescribed, notify to the distributor or exhibitor, as the case may be, the title, the length of the film, the number and the nature of the certificate granted in respect thereof and the conditions, if any, subject to which it has been so granted, and any other particulars respecting the film which may be prescribed.

VIOLATIONS OF THE LAW

Section 7 (1) says that:-

If any person -

(a)    exhibits or permits to be exhibited in any place –

(i)                 any film other than a film which has been certified by the Board as suitable for         unrestricted public exhibition or for public exhibition restricted to adults and which, when exhibited, displays the prescribed mark of the Board and has not been altered or tampered with in any way since such mark was affixed thereto.

(ii)               any film, which has been certified by the Board as suitable for public

exhibition restricted to adults, to any person who is not an adult,

(iii)             any film which has been certified by the Board as suitable for public exhibition restricted to any profession or class of persons, to a person who is not a member of such profession or who is not a member of such class

(iv)             without lawful authority (the burden of proving which shall be on him),

                    alters or tampers with in any way any film after it has been certified  

(v)                fails to comply with the provision contained in section 6A or with any

                    order made by the Central Government or by the Board in the exercise of

                    any of the powers or functions conferred on it by this Act or the rules made         thereunder.

PENALTIES FOR VIOLATING THE LAW

Any person found guilty of violating the rights may be :-

a)      punishable with imprisonment for a term which may extend to three years, or with fine      which may extend to one lakh rupees, or with both, and in the case of a continuing offence with a further fine which may extend to twenty thousand rupees for each day during which the offence continues.

b)       If any person is convicted of an offence punishable under this section

            committed by him in respect of any film, the convicting court may further

            direct that the film shall be forfeited to the Government.

c)       The exhibition of a film, in respect of which an “A” certificate 3[or a “S” certificate or a “UA” certificate] has been granted, to children below the age of three years accompanying their parents or guardians shall not be deemed to be an offence within the meaning of this section.

d)     Police can seize the film and equipments if he found a film unlawfully been exhibited in the place it shouldn’t be.

CASE STUDIES

There are many such films which have faced the harsh and sometimes unjust treatment from CBFC. Some examples are :-

PADMAAVATI  to PADMAAVAT.  A historical movie directed by Sanjay Leela Bhansali and produced under the banner of VIACOM18 Motion Pictures had to undergo 5 major changes including the change in the “Title” of the movie. CBFC called members of the Royal Mewar family from Rajasthan besides calling two eminent History Professors B.L. Gupta and Prof R.S. Khangarot  to check the movie of any distortion of history which was claimed by the Karni Sena. Even the releasing dates have been postponed from December 1 to January 25.

Another classic example is the movie “AIYAARI” where it had to undergo certification process not only from CBFC but also from the Ministry of Defence (MoD).  According to the report, the board made this appeal as the film showcased some real-life scams surrounding army officials and the government, which in turn left some officials miffed. The movie allegedly deals with corruption in certain sections of the army and is believed to be inspired by the famous Adarsh Housing Society scam. In the film, Naseeruddin Shah, who is doing a cameo, reportedly mentions that the property which is reserved for widows of martyred soldiers will be taken over by politicians and their cronies.

PART III - REGULATION OF EXHIBITION BY MEANS OF CINEMATOGRAPHS

LICENSE AND LICENSING AUTHORITY

Under this section it is said that all the cinematograph exhibitions places must have valid license to showcase the movies. The authority having power to grant licences under this Part (hereinafter referred to as the licensing authority) shall be the district magistrate.

Central Government has the authority to suspend any exhibitions in certain cases.

Where the holder of the license is found to commit any offence his license is cancelled and revoked by central government.

PART IV – REPEAL

The Cinematograph Act, 1918 is hereby repealed:

Provided that in relation to Part A States and Part B States the repeal shall have effect only in so far as the said Act relates to the sanctioning of cinematograph films for exhibition.