Censorship is the process through which the content that might be inconvenient for public viewing is regulated. In other words, it refers to restricting the flow of ideas and information among the general public to maintain public peace and so that the subject matter of such ideas or information does not violate the public sentiments.

Article 19(1)(a) in the Constitution of India provides us with the Fundamental Right to speech and expression. It gives us the freedom to express our thoughts unrestrained by the fear of retribution. The Constitution is silent as to the medium of communication of ideas, however, it includes the freedom to publicly display a work of art including motion films. In spite of that, this right is not absolute and is subject to certain reasonable restrictions if the subject matter being exhibited is against public policy, foreign relations, sovereignty and integrity of the state, public order, decency and morality, or in relation to contempt of court, defamation or inducement of an offense as stated in Article 19(2).

Laws governing Censorship of Films in India

The Cinematograph Act, 1952 is a central legislation that regulates the censorship of films and TV shows in India. The Act came into force on July 28, 1952, and provides for the establishment of Central Board of Film Certification (CBFC)to keep a check on the content which is presented to the viewers through films.

The CBFC functions as the primary body certifying films for public exhibition in India. The objective of the CBFC is to ensure certification without curbing artistic expression and creative freedom. While the nomenclature is indicative of censorship, the core of the CBFC’s function is in fact the certification of films and not the censorship of content. However, over the past few years, reports about the CBFC’s alleged overreach – moving from certification of films to moral policing, for instance, by denying certification to films which address LGBTQ issues – have made the news.

There are various certificates granted by the Censor Board to different film categories, like, “U” (unrestricted exhibition), “UA” (unrestricted exhibition except for children below 12 years of age), “A” (restricted to adults only), and “S” (restricted to a specific class of persons). These certificates are given in practice of reasonable restrictions on the right to freedom of speech and expression provided by the Indian Constitution.

Recently, the Union Cabinet headed by Prime Minister Narendra Modi has approved the Cinematograph Amendment Bill, 2019. This Amendment bill aims to amend the Cinematograph Act, 1952 and tackle film piracy by including the penal provisions for unauthorised camcording and duplication of films by making it a legal offence and punishing the offender with a three-year jail term and a fine of Rs. 10 lakhs. The Bill when passed can build a credible deterrence which would increase industries revenues, boost job creation, fulfil important objectives of India’s National Intellectual Property policy and will give relief against piracy and infringing content online.

Legal status of Censorship and banning of video content streamed online

Unlike in case of Films, the online video streaming websites do not have any obligation to censor their content, or get a certificate, or get their content screened before uploading on the internet, especially in case of websites like Youtube.  There is no law in India that regulates censorship of films and shows that are streamed online.The Cinematograph Act only regulates the censorship of films intended to be released in theatres, home media, and TV.

Even though there are no censorship obligations to be followed in case of online video streaming, the Government still has the power to block altogether any URL or website under Section 69A of the Information Technology Act, 2000 in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to commit any cognizable offence. In this regard, the government has also notified Information Technology Rules, 2009 to regulate content on web which includes video content, sound clips and even written articles.

Censorship in India today is a complicated affair due to our ever-changing ideals of acceptability. We are at a time when all of us need to be more tolerant and more understanding of voices and ideas that stand in opposition to ours. We need to stand together when we’re called to defend the right to speech, a right that is shared by all of us despite our differences.

ARUSHI SRALECH