ABSTRACT
Film censorship has been a topic of extensive research due to its implications for freedom of expression and its influence on societal values. This research paper examines the various aspects and consequences of film censorship from a multidimensional perspective. The study explores the historical evolution of film censorship, including the legal frameworks and regulatory bodies involved in different countries. It delves into the motivations behind film censorship, such as moral, political, religious, and cultural concerns, and discusses the potential effects on artistic freedom and creative expression.
The paper investigates the impact of film censorship on freedom of speech and the challenges it poses to the fundamental right of individuals to express their ideas and opinions through the medium of film. It examines the balance between protecting public order, moral standards, and individual liberties, with a focus on the legal and ethical dimensions of film censorship.
Furthermore, the research analyses the societal consequences of film censorship. It explores the potential effects on audience perception, cultural values, and public discourse. The paper examines the role of film censorship in shaping societal norms, ideologies, and collective memory. It also considers the potential for censorship to lead to unintended consequences, such as stifling creativity, limiting diversity of voices, or perpetuating stereotypes.
The research incorporates case studies from different countries to provide a comparative analysis of film censorship practices and their outcomes. It highlights notable judicial cases and controversies surrounding film censorship and the implications for democratic principles, cultural diversity, and human rights.
In conclusion, this research paper aims to provide a comprehensive understanding of film censorship and its broader implications. By examining the legal, ethical, and societal aspects of film censorship, it contributes to the ongoing discourse on balancing freedom of expression with the need for regulation and highlights the importance of a transparent and inclusive approach to film censorship that respects individual rights while addressing legitimate concerns.
KEYWORDS – Film, censorship, Legal Guidelines and Rights.
INTRODUCTION
The term censorship has been derived from the Latin word known as “censere” which means to check something or give opinion. Censorship is basically a process of removing and deleting the content which can cause an outrage in the society.
According to Merriam Webster “censorship is the suppression of speech, public communication or other information on the basis that such material is considered objectionable, harmful, sensitive, or inconvenient (public broadcasting service, USA, 2018)
According to Britannica censorship the changing or the suppression or the prohibition of speech or writing that is deemed submissive of the common good. It occurs in all manifestation of authority to some degree, but in modern times it has been of some special importance in its relation to government and rule of law.
It is manifest from the above mention definitions that censorship basically means a government regulation on the films whose content has enough calibre to create a chaos in the society.
Film censorship has long been a topic of significant debate and controversy, raising questions about the balance between artistic freedom, social responsibility, and the protection of societal values. Censorship in the context of films refers to the process of examining and regulating movies to determine their suitability for public viewing. It involves the restriction or alteration of certain elements within films, such as explicit content, violence, language, or sensitive topics, with the intention of maintaining certain standards, moral values, or cultural norms.
The practice of film censorship can be traced back to the early days of cinema when the medium was seen as a powerful tool capable of influencing public opinion and behaviour. Governments, religious organizations, and other authorities sought to control the content presented to audiences, often invoking concerns about public morality, social order, or national security. Over time, film censorship has evolved in response to changing societal norms, technological advancements, and shifts in political landscapes.
Film censorship raises complex questions surrounding freedom of expression, cultural diversity, and the role of the state in regulating art. Proponents argue that censorship is necessary to protect vulnerable audiences, maintain public order, and uphold societal values. They contend that certain content, if left unchecked, may promote violence, immorality, or harmful ideologies. On the other hand, critics argue that film censorship can be a form of censorship of ideas and can stifle artistic expression, limit diversity, and curtail the exploration of important social issues.
The impact of film censorship extends beyond the artistic realm. Films have the power to shape public opinion, challenge social norms, and influence cultural values. Censorship decisions can impact the availability and accessibility of certain narratives, affecting public discourse and shaping the collective memory of a society.
This research paper aims to delve into the multidimensional aspects of film censorship, examining its historical evolution, legal frameworks, ethical considerations, societal consequences, and the ongoing debates surrounding the practice. By critically analysing case studies and judicial decisions from different countries, we seek to provide insights into the complexities and implications of film censorship in the modern world.
As we navigate the intricacies of film censorship, it is essential to explore how societies strike a delicate balance between the protection of public interests and the preservation of artistic freedom. By understanding the nuances and challenges of film censorship, we can contribute to a nuanced and informed discussion on the role and impact of regulations in the world of cinema.
the term censorship has been derived from the Latin word known as “censere” which means to check something or give opinion. Censorship is basically a process of removing and deleting the content which can cause an outrage in the society.
REVIEW OF LITERATURE
Entertainment industry is one of the most flourishing industry whether it is developed country or developing country. Through films filmmakers bring various ideas and portray their creativity through films. But it is well known fact that no right is absolute same happens with the films censorship article 19(1)(a) of Indian constitution which falls under the category of fundamental right provide the films right to speech but it also put some restriction on to the contents which can affect the harmony of society and can affect the general public.
Films not only help in entertaining the people but also it shows the current problems existing in the society and bring light to the problems of minority. Film provide a good level of knowledge to the general public. But due to misusing of this power there are various laws and rules for grading and rating. Through this laws and rules there will be no chaos in the society due to any film as it will already be curated by the board members. Today mostly all the countries have adopted this legal methods as day by day number of films is increasing rapidly. There is an urgent need of this specially in country like India where there is a variety of religions, culture and language, but at the same time a very stringent policy can hamper the development of films and artistic skills.
CONSEQUENCES OF FILMS
Films can have various consequences on a person, both positive and negative. Here are some common effects that films can have on individuals:
- Entertainment and Escapism: Films provide a form of entertainment and escapism, allowing people to temporarily escape from their daily lives and immerse themselves in different stories and worlds. This can be a source of relaxation and enjoyment, providing a break from the stresses of life.
- Emotional Impact: Films have the power to evoke a wide range of emotions in viewers, such as joy, sadness, fear, or excitement. They can elicit empathy and create emotional connections with the characters and their experiences, which can leave a lasting impact on individuals.
- Education and Awareness: Films can be a powerful medium for educating and raising awareness about various subjects. They can address social, cultural, or historical issues, shedding light on different perspectives and promoting understanding and empathy.
- Influence on Beliefs and Values: Films often reflect societal norms, values, and ideologies. They can shape or reinforce certain beliefs and attitudes, as viewers may identify with characters or adopt their perspectives. This influence can be positive if the film promotes empathy, tolerance, and positive values, or negative if it perpetuates stereotypes or promotes harmful behaviour.
- Inspiration and Motivation: Films can inspire and motivate individuals by portraying extraordinary stories, showcasing achievements, or conveying powerful messages. They can ignite creativity, encourage personal growth, and inspire people to pursue their dreams or make positive changes in their lives.
- Cultural Impact: Films play a significant role in shaping popular culture. They can introduce new fashion trends, popularize catchphrases, and influence the way people interact and communicate. Films also contribute to the collective memory and shared experiences of a society.
- Cognitive Effects: Films can stimulate critical thinking and intellectual engagement. They can explore complex themes and narratives, challenging viewers to analyse and interpret the storylines, character motivations, and underlying messages. Films can also expand cultural knowledge and broaden perspectives by portraying diverse cultures and experiences.
- Desensitization and Negative Influence: Some films, particularly those with explicit violence or graphic content, can desensitize individuals to real-world violence or negative behaviours. Constant exposure to such content may lead to a blurring of boundaries between fiction and reality, potentially influencing behaviour in undesirable ways.
It’s important to note that the impact of films can vary greatly depending on individual factors such as personal experiences, values, and susceptibility to media influence. While films can be a powerful medium, individuals should engage critically and selectively, choosing content that aligns with their values and contributes positively to their overall well-being.
CROSS COUNTRIES ANALYSIS OF FILM CENSORSHIP
Film censorship practices vary significantly across countries due to differences in cultural, political, and religious factors. Here’s a glimpse into the film censorship approaches of a few countries:
United States: The United States practices a system of film classification rather than strict censorship. The Motion Picture Association of America (MPAA) assigns ratings (G, PG, PG-13, R, or NC-17) to films based ontheir content. However, certain content, such as explicit pornography or obscenity, may still face legal restrictions and be subject to obscenity laws.
United Kingdom: In the United Kingdom, film censorship is carried out by the British Board of Film Classification (BBFC). The BBFC assigns age ratings (U, PG, 12A, 15, 18) to films based on their suitability fordifferent age groups. The BBFC also provides content advisories, highlighting potential issues like violence, sex, or language.
China: China practices strict film censorship through the State Administration of Press, Publication, Radio, Film, and Television. Films must be approved and obtain permits from this regulatory body. Content that challenges the Communist Party, portrays explicit sexuality, excessive violence, or violates social and cultural norms is heavily censored or banned.
India: Film censorship in India is regulated by the Central Board of Film Certification (CBFC). The CBFC classifies films into different categories (U, UA, A, or S) and can demand cuts or modifications in content deemed unsuitable or offensive. Films that touch upon sensitive political or religious subjects may face stricter scrutiny.
Iran: Iran has a strict film censorship system overseen by the Ministry of Culture and Islamic Guidance. Films must obtain permits from this government body, and they are subject to scrutiny to ensure they adhere to Islamic principles and cultural values. Content that contradicts religious beliefs, criticizes the government, or promotes Western culture may be censored or banned.
Germany: Germany has a complex film censorship system with different rating classifications and age restrictions. The rating system is administered by the Freiwillige Selbstkontrolle der Filmwirtschaft (FSK), which assigns age ratings and content advisories. Additionally, certain content that violates German criminal law, such as hate speech or Nazi propaganda, is strictly prohibited.
CASES WITH FILM CENSORSHIP
Film censorship in India has been a subject of various judicial cases over the years. Here are a few notable cases:
K.A. Abbas v. Union of India (1971): This case challenged the constitutionality of pre-censorship of films under the Cinematograph Act. The Supreme Court of India held that pre-censorship was valid under certain restrictions, emphasizing the need to strike a balance between freedom of speech and expression and the reasonable restrictions imposed by the state.
S. Rangarajan v. P. Jagjivan Ram (1989): This case dealt with the banning of the Tamil film “Ore Oru Gramathile.” The Supreme Court declared that the power of film censorship should only be used in exceptional circumstances when there is a real and substantial risk of public disorder or a threat to public safety.
Prakash Jha Productions v. Union of India (2011): In this case, the Supreme Court ruled on the issue of banning the film “Aarakshan” due to concerns of potential unrest. The court held that a film should not be banned merely because it presents a critical view on a social issue, and the power of censorship should be used cautiously and not in an arbitrary manner.
Phantom Films Pvt. Ltd. v. Union of India (2015): This case involved the film “Udta Punjab,” which faced multiple cuts by the Central Board of Film Certification (CBFC). The Bombay High Court ruled that the CBFC’s role is to certify films, not censor them excessively, and ordered the film to be released with only one minor cut.
Viacom 18 Media Pvt. Ltd. v. Union of India (2018): The film “Padmaavat” faced significant controversy and protests before its release. The Supreme Court ruled that states cannot ban the film’s exhibition on the grounds of potential law and order issues. The court affirmed that it is the responsibility of the state to maintain law and order and protect freedom of speech and expression.
These cases reflect the ongoing legal debates surrounding film censorship in India and the courts’ attempts to strike a balance between artistic freedom and reasonable restrictions in the interest of public order, morality, and decency.
CASES RELATED TO FILM CENSORSHIP ALL OVER THE WORLD
Film censorship refers to the process of examining and regulating films to ensure they meet certain guidelines or standards set by a governing body or authority. Censorship of films can occur for various reasons, including moral, political, religious, or cultural concerns. Here are some notable cases of film censorship from around the world:
- Hays Code (1930-1968): In the United States, the Motion Picture Production Code, commonly known as the Hays Code, was implemented in 1930. It imposed strict guidelines on films to maintain moral standards. The code regulated the depiction of violence, sexuality, and controversial topics. Many films had to undergo significant edits or faced outright bans due to the Hays Code.
- Nazi Germany: During Adolf Hitler’s regime, the Nazis heavily censored films to align with their propaganda and ideological objectives. Films that depicted anti-Nazi sentiment, promoted individualism, or were produced by Jewish filmmakers were banned or heavily altered. The goal was to control the narrative and promote the Nazi ideology through cinema.
- Soviet Union: The Soviet Union had a state-controlled film industry where censorship was prevalent. Filmmakers had to adhere to strict guidelines to ensure films aligned with the Communist Party’s ideology. Films that portrayed criticism of the government or challenged the socialist principles were censored or banned.
- India: The Indian film industry, known as Bollywood, has experienced censorship throughout its history. The Central Board of Film Certification (CBFC) is responsible for regulating films in India. It has faced criticism for its conservative approach, cutting or banning films that depict explicit sexuality, violence, or controversial political or religious themes.
- China: The Chinese government has a strict film censorship system overseen by the State Administration of Press, Publication, Radio, Film, and Television. Films that are critical of the government, contain sensitive political or social content, or portray explicit sexuality or violence are often censored or banned. The government aims to maintain control over the media narrative and promote its political agenda.
- Iran: In Iran, the government’s Ministry of Culture and Islamic Guidance exercises control over film production and distribution. Filmmakers must obtain permits, and films undergo strict censorship to comply with Islamic principles and political guidelines. Content that contradicts religious values or criticizes the government may face censorship or be banned.
It’s worth noting that while film censorship aims to uphold certain standards or protect societal values, it can also limit artistic freedom, suppress dissenting voices, and hinder creative expression. Different countries and regions have different approaches to film censorship, ranging from minimal intervention to heavy regulation.
RESEARCH METHODOLOGY
Begin by conducting an extensive review of existing literature, academic articles, books, and reports related to film censorship. This helps in understanding the historical context, theoretical frameworks, and key debates surrounding the topic. It also aids in identifying research gaps and potential areas of investigation. Selected relevant case studies from different countries or regions that have experienced significant instances of film censorship. Conducted a comparative analysis of film censorship practices across different countries or regions. Compare the legal frameworks, regulatory bodies, decision-making processes, and the impact of censorship on artistic freedom and societal values. This analysis can help identify common trends, variations, and potential best practices in film censorship. Analyse qualitative data from interviews and surveys using thematic analysis or content analysis to identify common themes, patterns, and divergent viewpoints.
CONCLUSION AND SUGGESTIONS
Film censorship is a complex and multifaceted topic that raises important questions about the balance between artistic freedom, societal values, and the role of regulation. Through the examination of historical context, case studies, and various perspectives, it becomes clear that film censorship has both intended and unintended consequences on freedom of expression, cultural diversity, and public discourse.
While proponents argue that film censorship is necessary to protect vulnerable audiences and maintain social order, critics contend that it can restrict creative expression, limit diversity, and stifle the exploration of important social issues. The impact of film censorship extends beyond the artistic realm, shaping public opinion, influencing cultural values, and impacting the collective memory of a society.
Based on the research findings, it is evident that a nuanced and balanced approach to film censorship is crucial. Transparent Guidelines, Stakeholder Engagement, Education and Awareness, Independent Review and Appeals, Contextual Evaluation can contribute to a more informed and responsible practice of film censorship.[i]
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Author’s Name- Sakshi Agrawal (University of Allahabad)
