The Indian government, while stating that a decision is still pending on a controversial amendment related to powers given to officials to recertify films already passed by the film certification board, admitted that about five films were refused certification over the last five years.

“The power to censure, ban or stop the release of a film does not lie with the CBFC (the film certification board). However, CBFC can refuse certification to a film for public exhibition for violation of Guidelines issued under Section 5B of the Cinematograph Act, 1952. During the last five years, only 5 films have been refused certification by CBFC, out of which 3 were in Hindi and 2 were in English,” Minister for Information & Broadcasting Anurag Thakur has said in parliament.

Thakur was answering last week a query from a fellow parliamentarian in Rajya Sabha (Upper House) on whether the government had any data on the number of films or series censured, banned or not allowed to be released during the last five years.

He clarified that as exhibition of films is a State subject and the State Governments were empowered with licensing and other related matters pertaining to exhibition of films in a State.

Asked the reason and rationale behind a government move to propose amendments in the Cinematograph Act, including giving itself powers to re-examination an already certified film, Thakur said, “A review of the Cinematograph Act, 1952 was undertaken in the Ministry to address the various issues concerning the certification process and film piracy. The proposal to amend the Cinematograph Act, 1952 is at consultation stage and no final view has been formed.”

Film Fraternity Protested in 2021 Proposed Amendments: The government’s proposal to amend the Cinematograph Act was another blow to the film fraternity and will potentially endanger freedom of expression and democratic dissent, said a letter signed last July by industry bigwigs such as Vishal Bhardwaj, Mira Nair and Pa Ranjith, according to a PTI report.

On June 18, the federal government had sought public comments on the draft Cinematograph (Amendment) Bill 2021, which proposed to penalise film piracy with a jail term and fine, introduce age-based certification, and empower the government to order recertification of an already certified film following receipt of complaints.

The letter said the proposed amendments would render filmmakers “powerless at the hands of the state as more vulnerable to threats, vandalism and intimidation of mob censors”.

In April last, the government had decided to do away with the Film Certification Appellate Tribunal (FCAT), a statutory body constituted to hear appeals of filmmakers aggrieved by cuts suggested by the Central Board of Film Certification.

Thakur informed Rajya Sabha last week there was no proposal to revive the FCAT.