No fetters (SC against extra-judicial bans on certified films), Pg10

Context: 

• The Supreme Court of India has intervened to ensure the release of the film Thug Life in Karnataka, upholding the principle that CBFC-certified films cannot be restricted by extra-judicial bans based on “hurt sentiments”.

Key Highlights:

• Supreme Court directed the screening of Thug Life, led by actor Kamal Haasan, despite protests in Karnataka.
• The film had faced an unofficial ban due to Mr. Haasan’s controversial comment on the origin of the Kannada language.
• The Karnataka High Court had suggested an apology, which the Supreme Court rejected, defending legal due process.
• The Court affirmed that certification by Central Board of Film Certification (CBFC) is sufficient for release, and any suppression beyond it is unconstitutional.
• The ruling emphasised that maintaining law and order is the state's responsibility, not the filmmaker’s burden.
• The judgment distinguished certified expression from hate speech, which can be lawfully restricted.

Detailed Insights:

• The judgment reaffirms Article 19(1)(a) – the freedom of speech and expression, especially in the domain of artistic works.
• The Cinematograph Act, 1952 governs film certification in India, vesting power in the Central Board of Film Certification (CBFC) to ensure a balance between free expression and reasonable restrictions.
• The Court criticised the extra-judicial censorship by groups claiming “hurt sentiments”, terming it an infringement on rule of law and creative freedom.
• The judgment reinforces the idea that certified films should not face intimidation or disruption, safeguarding livelihoods in the film industry.
• The Court underscored the state’s duty to protect public order, instead of yielding to fringe demands for bans.
• It recommended institutional safeguards such as accountability for theatre owners, proper policing protocols, and public access to certified films without fear.

Key Concepts Involved:

• CBFC (Central Board of Film Certification): A statutory body under the Ministry of Information and Broadcasting, responsible for certifying films for public exhibition in accordance with the Cinematograph Act, 1952.
• Extra-Judicial Ban: Actions taken by non-state actors or groups without legal authority to prevent or disrupt activities like film releases.
• Article 19(1)(a): Guarantees freedom of speech and expression to all citizens, subject to reasonable restrictions under Article 19(2).