Shyam Benegal Committee Recommendations

The Shyam Benegal committee was constituted to lay down a holistic framework for certification of films that incorporates best practices in various parts of the world and provides sufficient space for artistic and creative expressions. It was asked to lay down the procedures and guidelines for the Central Board of Film Certification (CBFC) Boards to follow and examine the staffing patterns so as to enable efficient and transparent user friendly services.

Questions & Answers

Why the committee was constituted?

The panel was constituted in the backdrop of increasing controversial decisions of the CBFC headed by Pahlaj Nihalani, whose role in censoring films was widely criticized.

As per the committee, what are the main objectives of the guidelines?

The guidelines have been framed with an objective to ensure:

• Children and adults are protected from potentially harmful or unsuitable content.
• Audiences, in particular parents are empowered to make informed viewing decisions.
• Artistic expression and creative freedom are not unduly curbed in the process of classification of films.
• The process of certification by CBFC is responsive, at all times, to social change.
• The certification by CBFC keeps within the rights and obligations as laid down in the Indian Constitution.

What are the salient recommendations of the committee?

The recommendations of the committee broadly cover the areas related to Film Certification Process and its simplification; Restructuring staffing pattern of Central & Regional censor advisory panels; Recertification of films for purposes of telecast on television and measures to preserve the identity of Indian Cinema.

• The panel has recommended that the Board, including Chairman, should only play the role of a guiding mechanism for the CBFC, and not be involved in the day-to-day affairs of certification of films.
• CBFC should only be a film certification body whose scope restricted to categorizing the suitability of the film on the basis of age and maturity. It can refuse certification in the following instances:
• If the film contains anything which contravenes the provisions of Section 5B (1) of the Cinematograph Act, 1952.
• If the film’s content crosses the ceiling laid down in the highest category of certification.
• The applicant while applying must state the category of certification being sought and the target audience of the film.
• The committee recommends for a more specific categorization of films. Apart from U category, the UA category which is in existence is to be broken up into further sub-categories such as UA12+ and UA15+. Similarly, A category is to be sub-divided into A and AC (Adult with Caution).
• The Certification of films shall be split into three sections with each section to be read with the other two. The three sections are: General Guidelines, Issue Related Guidelines and Category Specific Guidelines.
• Given the limited functions of the board, the size of the Board should be compact with 1 member representing each Regional Office. Therefore, the total composition of the Board should not be more than 9 members and 1Chairman.
• Provision for online submission of applications, simplification of forms and accompanying documentation.
• For the purposes of telecast on television or for any other purpose recertification of a film should be permitted.
• For preservation of Indian Cinema, every applicant should be asked to deposit the Director’s Cut in the NFAI instead of the certified version, in order to truly reflect the cinematic history of Indian cinema.
• The complaints received by the Central Government shall be referred to the CBFC. The Chairperson may refer the film to a Revising Committee for examination once again, on account of alleged violation of Section 5B(1) of the Cinematograph Act, 1952.
• All the 9 regions to have advisory panels consisting of members who are acquainted with the languages being certified by that regional office. Each advisory panel shall consist of:
• 25% to be reserved for Members from all walks of life, recommended by the National Film Development Corporation to the Central Government
• 25% to be reserved for Members of the general public recommended by the FFSI (Federation of Film Societies of India)
• 25% to be reserved for Members recommended by the National Council for Protection of Child Rights (NCPCR) and National Commission of Women (NCW)
• 25% to be reserved for Representatives of the local film industry, as recommended by FFI (Film Federation of India)
• Women should have 50% representation on each Panel.
• The panel does not approve censoring of films.
• It has recommended allowing the exhibition of adult cinemas in designated theatres after 11pm. This, as per the committee was a disincentive as it would reduce the number of prints that can be exhibited.
• The exhibition of films shown in the film festivals are not subject to be certified.
• Thepanel did not look in to content on TV and online.

For what purpose the committee’s time has been extended?

In addition to the foregoing recommendations, the committee has sought time till June 20, 2016 to give recommendations on the certification of films regarding:

• Issues relating to clearances to be obtained from the Animal Welfare Board under the Prevention of Cruelty to Animals Act.
• Issues relating to depiction of smoking in films wherein films are required to show a disclaimer in every scene that involves smoking, as per the Ministry of Health and Family Welfare’s directive.

 What is provided in the section 5 (B) (1) of the Cinematograph Act, 1952?

The provision under 5(B)(1) provides that a film shall not be certified for public exhibition if the film or any part of is against the interests of [the sovereignty and integrity of India] the security of the state, friendly relations with foreign states, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence.