Lok Sabha Question No. 1107 (UNSTARRED), answered on 2016-07-22
Subject: Film Certification
Ministry: INFORMATION AND BROADCASTING
Asked by: CH. MALLA REDDY, A.T. (NANA) PATIL, JYOTIRADITYA MADHAVRAO SCINDIA, SUSHMITA DEV, KURUPPASSERY VARKEY THOMAS, P.R. SUNDARAM, OM BIRLA, SUKENDER REDDY GUTHA, PR. SENTHILNATHAN, HARI OM PANDEY

## GOVERNMENT OF INDIA

## MINISTRY OF INFORMATION & BROADCASTING

## LOK SABHA UNSTARRED QUESTION No. 1107

## TO BE ANSWERED ON 22.07.2016

## FILM CERTIFICATION

1107: SHRI CH. MALLA REDDY:

SHRI A.T. NANA PATIL:

SHRI JYOTIRADITYA M. SCINDIA:

KUMARI SUSHMITA DEV:

PROF. K.V. THOMAS:

SHRI P.R. SUNDARAM:

SHRI OM BIRLA:

SHRI GUTHA SUKENDER REDDY:

SHRI PR. SENTHIL NATHAN:

SHRI HARIOM PANDEY:

Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether the Government has received a number of complaints/representations from film industry regarding functioning of Central Board of Film Certification (CBFC);
- (b) if so, the details thereof during the last two years and reaction of the Government thereto;
- (c) whether  the  Government  has  constituted  a  Committee  under  the chairmanship of Shri Shyam Benegal to revamp the CBFC to bring transparency and make it controversy free, if so,  the details thereof;
- (d) whether  the  said  committee  has  submitted  its  report  to  the Government, if so, the major recommendations thereof along with action taken by the Government thereon;
- (e) whether the Government has plan to formulate any new norms for CBFC  to  facilitate  members  to  provide  censor  films  including  TV serials  and  certain  TV  programmes  with  controversial  themes  and unethical practices, if so, the details thereof; and
- (f) the corrective steps taken by the Government to prevent the criticism of film certification system in the country?

## ANSWER

## THE  MINISTER  OF  STATE  IN  THE  MINISTRY  OF  INFORMATION  AND BROADCASTING [COL RAJYAVARDHAN RATHORE (Retd.)]:

(a) to (f) : The Government has not received any complaint/representation from Film  Industry  regarding  the  functioning  of  Central  Board  of  Film  Certification (CBFC).  There  are,  at  times,  difference  of  opinion  relating  to  certification  in individual cases between the producers and Board. These cases have been dealt with in accordance with the provisions of Cinematograph Act, 1952.

The Government constituted a Committee of Experts headed by noted filmmaker Shri  Shyam  Benegal  on  1st  January,  2016  to  recommend  broad  guidelines/ procedures to set principles which shall guide the Board with respect to certification of films.   The other members of the Committee were Shri Rakeysh Omprakash Mehra, Shri Piyush Pandey, Ms Bhawana Somaaya, Ms Nina Lath Gupta, Shri Kamal Haasan, Shri Goutam Ghose, all noted film industry professionals.

The Committee has since submitted first part of its report in April, 2016 and final part in June, 2016.  The report submitted by the Committee is under examination in the Ministry.  Some of the key recommendations of the Committee are as under:-

- (i) CBFC not to order excisions, modifications or amendments. The scope of certification  process  to  be  limited  only  to  suggest  what  category  of audiences [age groups] can watch a particular film.
- (ii) Guidelines  to  be  revised  for  each  category  of  certification  in  order  to empower  viewers  to  make  informed  viewing  choices  by  specifying  the category.
- (iii) New categories of certification other than 'U', 'A' or 'UA' are proposed.
- (iv) Films violating the provisions of Section 5B(1) of the Cinematograph Act, i.e.  film  depicting  scenes    against  the  interests  of  the  sovereignty  and integrity of India, security of the State, friendly relation with foreign States, public order, decency or morality, defamation or contempt of court etc. to be refused certification.
- (v) CBFC Chairperson & Board Members to play a role in guiding the Board at apex level than participating in routine certification process.
- (vi) Number of members in the Board should be reduced.
- (vii) Role envisaged for NCW/NCPCR/film professionals in making nominations to Examining Panels.

- (viii)  The Advisory Panel for Revising Committees to be selected from amongst persons  of  in  depth  understanding  of  Indian  society,  i.e.  sociologists, anthropologists or psychologists or persons of eminence. To have 20% representation from film industry at each region.
- (ix) Out of turn (Tatkal Scheme) film certification.
- (x) Re-examination of the films  by  the  CBFC  on  complaints  received  after certification in certain cases for violation of provisions of Section 5B (1) of the Act.

The report submitted by the Committee is under examination of the Government.

Government has no plan for regulating content of TV programs through CBFC. The existing system under the Cinematograph Act, 1952 provides the requisite checks and balances as far as certification of films are concerned. Periodical reviews such as  examination  by  Expert  Committee  are  undertaken.  Sufficient  provisions  for redressal of grievances of film producers with regard to certification of films have been made in the existing Act & Rules, viz. Revising Committee and FCAT. In the event of grievances persisting even after these channels are exhausted, the film producers can always take recourse to legal remedies.

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