“Censorship is to art as
lynching is to justice.” ― Henry Louis Gates Jr.
According to the Supreme Court of India:
‘Film censorship becomes necessary because a film
motivates thought and action and assures a high degree of attention and
retention as compared to the printed word. The combination of act and speech,
sight and sound in semi darkness of the theatre with elimination of all
distracting ideas will have a strong impact on the minds of the viewers and can
affect emotions. Therefore, it has as much potential for evil as it has for
good and has an equal potential to instill or cultivate violent or bad behaviour. It cannot be equated with other modes of
communication. Censorship by prior restraint is, therefore, not only desirable
but also necessary.’
Censorship
The reason behind the apex court
supporting censorship is because the visual media impacts not only a person’s
mind but also influences the thought process. It then becomes pertinent to
check upon viewership of content which is usually labeled as ‘bold and strong’.
This may include consumption of drugs and alcohol, depicting sex, sexuality and
nudity and explicit violence. It is only right that audience with an
appropriate age and maturity have access to it. We have witnessed in our
country, over time the increase in intolerance with regards to not only films
but also other mediums of expression as well, with two forms of censor bodies
emerging, first the constitutional or statutory body (which includes bodies
that have been given authority and power by the constitution or by the laws of
the government) i.e., CBFC which is
tasked with “regulating the public exhibition of films under the provisions of
the Cinematograph Act 1952’’ and the second type of bodies that have emerged
are self-authorised and self-appointed organisations who take it upon
themselves to decide which work of art is appropriate for the society.
Censorship is not a new concept for the
people of India; Censor Board of Film Certification (CBFC) has always been an
integral part of Ministry of Information and Broadcasting. It was founded in
1951. CBFC certifies films for unrestricted public exhibition (‘U’); unrestricted
public exhibition subject to parental guidance for children below the age of 12
years (‘U/A’) or restricted to adult audiences (‘A’) on the basis of its
contents. Over the years, several films have been banned whilst few are not granted
U/A certification and have to be released only with ‘A’ certification the CBFC.
Other movies have faced the wrath of fringe groups who have burnt posters,
threatened film makers and actors, vandalised theatres going ahead with the
release and showcasing a particular movie, and overall tried to disrupt the
release or create a ruckus scaring the public from watching the films. These
movies may then have content which offend people’s ‘sensibilities’ by
critically examining governmental policies and peoples’ personal preferences
such as religion.
Controversies
1. Fringe groups, mainly in Maharashtra, protested
against the title of the film ‘Billu
Barber’ (2009). They found the use of the term ‘barber’ in the title derogatory,
as a result of which the filmmakers decided to drop the ‘barber’ and the movie
released as ‘Billu’.
2. ‘Madras Café’ (2013) is a political spy thriller which is set with
the backdrop of Sri Lankan civil war, India’s intervention, leading to the
assassination of former Indian Prime Minister Rajiv Gandhi. Many pro-Tamil
outfits criticised the depiction of Lankan Tigers of Tamil Eelam and Sri Lankan
Tamils and demanded the film be banned. However, the movie was released by the court
order.
3. ‘PK’ (2014) is a satirical comedy-drama questioning religious dogmas,
practices and superstitions. The film faced protests from pro–religious groups
for hurting their religious sentiments. The film received phenomenal success on
release and became the first Indian movie to gross 300 crores INR.
4. More recently, ‘Padmavat’
(2018) faced protests by several groups whose members vandalised the sets while
the movie was being filmed not once but on different occasions. These affected
the shoot schedule and production costs. The filmmaker and several actors of
the film received threats of violence. While the film secured immense support
from within the film industry, many political parties relentlessly called for a
ban on it. The Supreme Court dismissed a petition calling to stop the film's
release citing the freedom of speech and expression.
The controversies surrounding the film
re-opened the question of film censorship in India and the country's freedom of
expression. Several films have had to struggle to obtain clearance from the
CBFC. There are also others which never released at all or at least in India. Some
of them are mentioned below:
1. Deepa Mehta’s ‘Elements’
trilogy- ‘Fire’, ‘Earth’ and ‘Water’
is banned for public exhibition in India.
2.
‘Gulabi Aaina’ (The Pink Mirror), a film on
Indian transsexuals produced and directed by Sridhar Rangayan.
3.
The documentary ‘Final
Solution’, which looks at religious rioting
between Hindus and Muslims, was banned. The ban was lifted in October 2004
after a sustained campaign.
4.
‘Amu’
faced the wrath of the Censor Board as it was based on the Shonali
Bose’s book of the same name, focusing on the 1984 anti- Sikh riots.
5.
In 2006, seven states banned
the release of ‘The Da Vinci Code’ (and also the book by the same name), although
the CBFC cleared the film for adult viewing throughout India. The respective
High Courts lifted the ban and the movie was shown in the two states.
6.
The CBFC demanded five cuts from the
2011 American film ‘The Girl with the Dragon Tattoo’ which
depicted rape and nudity. The producers and the director David
Fincher finally decided not to release the film in India.
7.
In 2016, ‘Udta Punjab’,
produced by Anurag Kashyap and Ekta Kapoor among others,
ran into trouble with the CBFC, resulting in a very public re-examination of
the ethics of film censorship in India. The film depicted a structural drug
problem in the State of Punjab, used a lot of expletives and blatantly showed
scenes of drug use. The film was cleared by the Bombay High Court.
8. In
2017, ‘Lipstick Under My Burkha’ directed by Alankrita
Shrivastava, produced by Prakash Jha, ran into trouble with
the CBFC which refused to certify the film. The filmmakers appealed
this decision to the Film Certification Appellate Tribunal (FCAT),
which overruled the censor board's ruling, thereby granting the film a theatrical
release rights.
The above-mentioned names are only a few
of the shockingly long list of films which have fought or are fighting their
way to see the light of the day. What is even more alarming is the censorship
upon an individual film-maker or a production house to curtail or curb the
freedom of expression and to have to fight for it is goes on to speak volumes
on the monitoring of creative expression whether it is a documentary or a work
of fiction. Things are touted to change with the changing approach towards new
content with the onset of the Internet.
Rise of Internet and Creation of New Platforms for
Content Sharing
The rapid growth in the use of mobile
telephony, handheld devices and affordable availability of the Internet brought
in various video sharing platforms where anyone could upload their work. One of
the most commonly used platforms is ‘YouTube’. YouTube allows users to upload,
view, rate, share, report, comment on videos, and subscribe to other users. It
offers a wide variety of user-generated and corporate media videos, which
includes TV show clips, music videos, short and documentary films, audio
recordings, movie trailers, live streaming, and other content such as video
blogging, short original videos along with educational videos. Most of the
content on YouTube is uploaded by individuals, but media corporations including
CBS, the BBC, Vevo, and Hulu offer some of their material. Unregistered users
can only watch videos on the site, while registered users are permitted to
upload an unlimited number of videos and add comments to videos. Videos deemed
potentially inappropriate are available only to registered users affirming
themselves to be 18 years and above. YouTube membership is free of cost.
However, its premium version offers advertisement-free streaming, access to
exclusive content, background and offline video playback on mobile devices, and
access to the ‘Google Play Music All Access’ service. While YouTube is banned
in some countries, it is available in India without any restrictions.
With the acceptance of online content
and the immense popularity gained in a short period of time, many indigenous entertainment
content platforms have emerged such as, Arré, The Viral Fever (TVF), AIB, ALTBalaji,
Zee5, Hotstar, VB on Web, Voot and Y-films to name a few following the global
success and entry of Netflix and Amazon Prime Video in India. Other successful foreign
content providers such as Viu have also entered the Indian market.
Experimenting with Content and Censorship
Typically the release of a commercial
film involves a complex post-production procedure from obtaining certification
to finding a distributor for release and avoiding clashes with other films with
equally popular actors. Sometimes the release of other films affects the number
of screens and showtimes for an upcoming film.
Web series on the contrary offers
immense flexibility. It is a series of scripted or non-scripted videos,
generally in episodic form, released on the Internet and part of the
web-television medium. It can be released any of the abovesaid online platforms
on any day by anyone whether an individual or media corporation without any major
hindrances or obstacles and reach a global audience. There is no struggle to
find a distributor or a particular date and the content will be available online
for the audience for ‘anytime-anywhere’ viewing as per their convenience as
well as for viewing in rapid succession commonly known as ‘binge watching’.
This has provided the indie-filmmakers
with an opportunity to explore and experiment with content while freely expressing
themselves through their work. The online web shows explore realistic themes
such as homosexuality (ALTBalaji’s ‘Romil
and Jugal’, VB on Web’s ‘Maaya 2’
and ‘All about Section 377’), women
issues (Y-films’ ‘Man’s world’),
sexual fantasy (VB on Web’s ‘Maaya’),
pressure to excel in studies (Laakhon Mein
Ek), marriage and post-marriage struggle (Y-film’s ‘Bang Baaja Baraat,’ Voot’s ‘Timeout’)
what actually happens behind glitz and glamour of the Indian television industry
(Arré’s ‘I don’t watch TV’), mixture
of corruption and glamour behind sports (Amazon’s ‘Inside Edge’) and breaking stereotypes (Voot’s ‘Chinese Bhasad’ and ‘Sinskaari’). Along with these there is
Ram Gopal Varma, who launched his web show, ‘Guns
and Thighs’, with a seven-minute long trailer containing frontal nudity and
wall-to-wall profanity.
Major players like Amazon Prime and
Netflix have guidelines when it comes to content, be it original or acquired.
In the case of Amazon Prime, it was very cautious when it began its streaming
video service in the country — it blurred and censored a lot of content in
order to please the local laws and not hurt sentiments of any individual or
groups. Apple iTunes get their contents approved by CBFC regardless of the fact
that the particular film has been theatrically released or not in India.
Hotstar self regulates their content which is available for the members for
free, however, the premium members have access to uncensored content. Chris
Jaffe, Netflix’s Vice President of Product Innovation had said, “Of course, we
don't wish to flout any local laws. But we plan to take this on a case by case
basis. For now, all content is uncensored on Netflix. we also have a rating
system for our content and that's clearly visible when you're watching a movie
or show. So we will warn a user if a content has strong language, violence etc.”
Perhaps the best contribution is by
Netflix India and that has been the Netflix Hindi Originals, that has allowed
for an expression not marred by incessant, and at times, irrelevant censorship,
with every original, Netflix has pushed the boundaries of conventional Indian
cinema and brought to the forefront intelligent storytelling and exceptional
acting. Netflix India currently has three originals. Two
movies—‘Love per Square Foot’ and the
anthology ‘Lust Stories’, and a web
series, ‘Sacred Games’. While ‘Lipstick Under My Burkha’ struggled to
release and ran into controversies and debates, Netflix’s ‘Lust Stories’ set a benchmark by highlighting the Indian female sexual
desires. Netflix further plans to introduce three new series, ranging from ‘the
scary to the supernatural’ to showcase the wide diversity of Indian
storytelling. Netflix’s acquired content includes movies that have been banned
by CBFC, such as Q’s ‘Gandu’ and Raj
Amit Kumar’s ‘Unfreedom’ which has
never seen the light of the day.
Censorship of Internet
In recent times, the question of
censorship of Internet in India has emerged on several occasions. Censorship in
India is selectively practiced by both central and state governments. While
there is no sustained government policy or strategy to block access to Internet
content on a large scale, measures for removing content have become more common
in recent years.
Freedom House's Freedom on the Net 2015
report gives India a Freedom on the Net Status of "Partly Free" with
a rating of 40 (scale from 0 to 100, lower is better). Its Obstacles to Access
was rated 12 (0-25 scale), Limits on Content was rated 10 (0-35 scale) and
Violations of User Rights was rated 18 (0-40 scale).
There are several instances when the
government has decided to pull down content on the internet and one such
instance is when BBC released ‘India’s Daughter’,
a documentary film directed by Leslee Udwin, a part of the BBC's ongoing
Storyville series. The film is based on the 2012 Delhi gang rape and murder of
23-year-old Jyoti Singh who was a physiotherapy student. When excerpts of the film, which included an interview
with Mukesh Singh, one of the four men convicted of the rape and murder, were
broadcast, a court stay order prohibiting the broadcast was obtained by the
Indian police.
The BBC complied with the request and
did not air the film in India. Yet it aired outside of India on 4 March 2015,
was uploaded on YouTube, and soon went viral via shares on social media. On 5
March, the Indian government directed YouTube to block the video in India.
‘Sacred Games’
and the Question of Censorship
With the recent release of Netflix’s ‘Sacred Games’, the question of
censorship and freedom of speech may have resurfaced.
The show has received a lot of flak from
the right-wing organisations for its take on religion. West Bengal Pradesh
Congress Committee member Rajiv Sinha had filed the complaint over a scene in
the series, in which the protagonist, played by Nawazuddin Siddiqui, uses
derogatory language while speaking about late Prime Minister Rajiv Gandhi. Suresh
Shyamal Gupta, the president of Youth Indian National Trade Union Congress’
(INTUC) city wing and who is also the president of All Indian Cine Worker’s
Association (AICWA) lodged a complaint against Netflix, Nawazuddin Siddiqui and
the producers of ‘Sacred Games’ for
insulting the late Prime Minister Rajiv Gandhi. Gupta also mentioned in his
complaint about how the show disregarded the decision of Parliament on Shah Bano Case. The show also referred
to the Bofors Scandal and Emergency excesses in India. It took a tweet directly
from Rahul Gandhi—President, Indian National Congress,“BJP/RSS believe the freedom of expression must be policed &
controlled. I believe this freedom is a fundamental democratic right. My father
lived and died in the service of India. The views of a character on a fictional
web series can never change that. #SacredGames” to have Congress workers
withdraw the complaints.
A plea has also been filed in the Delhi
high court for removal of certain scenes from the show. The petition accuses
the show of inaccurately representing historic events such as the Bofors case,
Shah Bano case, Babri Masjid case and communal riots. Not only the members of
the industry but also the audience of the digital platform await the court’s
verdict on this issue as the question of censoring the content available on the
digital platform still remains unanswered.
Everyone has a right to freedom of
speech expression and choice but in modern times it has been seen more of as a
threat to someone else choices and actions. With regards to this, every individual
has to keep in mind that while he is able to enjoy his rights and freedom, his
exercise of rights doesn’t threaten someone else’s rights and sentiments.
Bibliography:
1. Twitter Handle of Rahul Gandhi, President of Indian
National Congress.
2. Netflix: Sacred Games.
3. Netflix: Lust Stories.
4. 16 Indian Web series you really need to watch,
Available at https://www.buzzfeed.com/andreborges/16-indian-web-series-you-really-really-need-to-watch-asap?utm_term=.wko2PB9Ba#.diwaR7j7o
5. BJP and Congress spar over references to Rajiv Gandhi
in web series, Available at https://timesofindia.indiatimes.com/india/bjp-congress-spar-over-references-to-rajiv-gandhi-in-web-series/articleshow/64954226.cms
6. How are indie makers reacting to the complaints
against Sacred Games, Available at https://timesofindia.indiatimes.com/city/kolkata/how-are-indie-makers-reacting-to-the-sacred-games-complaints/articleshow/64955974.cms
7.
Is Netflix
going to be our savior from the tyrannical Censor board? Available at https://www.idiva.com/news-entertainment/is-netflix-going-to-be-our-saviour-from-the-tyrannical-censor-board/17077029
"The views expressed by the author are
purely personal, and not necessarily endorsed by the Department of Political
Science, Mithibai College."
No comments:
Post a Comment