Benegal panel on Cinematograph Act proposed MHA review of films

The Shyam Benegal committee set up by the information and broadcasting ministry in 2016 to review the Cinematograph Act proposed that the Union home ministry should be able to seek re-examination of a film by the Central Board of Film Certification, according to a recent note submitted by the I&B ministry to the parliamentary committee on information and technology. In 2000, the Supreme Court upheld a 1990 ruling of the Karnataka high court that struck down the Centre’s revisional powers over CBFC-approved films but gave the government the option to appeal to the Film Certification Appellate Tribunal. “Sometimes complaints are received against a film that allude to violation of Section 5B of the Cinematograph Act, 1952 after a film is certified and provisions of Section 5B are derived from Article 19 of the Constitution and are non-negotiable,” the I&B ministry’s background note said, explaining the context for the contentious provision in the Draft Cinematograph Bill, 2021 that has triggered protests from filmmakers and artists. According to Section 5B, which lays down the principles for guidance of the film certification authority, a film should not get a certificate if it is against the interests of the security of the State, friendly relations with other countries, public order, decency or morality, involves deflation or contempt of court or is likely to incite commission of an offence should not be given a film certification.