Why in the news?
On June 17, the Supreme Court came down heavily on the “extra-judicial ban” on the Tamil film Thug Life in Karnataka — it underlined that any film that has received a CBFC certificate must be screened. The Mani Ratnam-directed movie opened on June 5 across India except in Karnataka, where its release was stalled following outrage over lead actor Kamal Haasan’s remark that Kannada was born from Tamil. In this context, let’s understand what exactly the constitutional position is on free speech and how films are certified in India.
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Key Takeaways :
The Supreme Court has characterised a “ban” on the Tamil film Thug Life in Karnataka as an infringement on the filmmakers’ constitutionally guaranteed right to freedom of speech and expression. It directed the state government to uphold the “rule of law” and ensure the film’s smooth release.
In directing the release of Thug Life in Karnataka, the Supreme Court has underlined that upholding freedom of speech means protecting and extending the space for a diversity of views. As it pointed out, “It’s not just the screening of a film, it’s much bigger than this.”- Express View: On Thug Life and freedom of speech, listen to the Supreme Court
Right to freedom of speech and expression
1. Article 19(1)(a) in Part III of the Constitution guarantees the fundamental right to freedom of speech and expression. It is a right invoked against the state. Some fundamental rights such as those prohibiting untouchability, trafficking and bonded labour are explicitly against both the state and other individuals.
2. It is available only to citizens and not to foreigners. Article 19 (1) provides ‘Protection of certain rights regarding freedom of speech etc.’ It says, “All citizens shall have the right:
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
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(g) to practise any profession, or to carry on any occupation, trade or business
(Note: Originally, Article 19 (1) (f) and article 31 contained the right to property, i.e. to acquire, hold and dispose of property subject to the right of State to compulsory acquisition for public purposes by authority of law. However, right to property ceased to be a fundamental right when the Constitution (44th Amendment) Act, 1978 omitted sub-clause(f) of Article 19 (1) and Article 31 from the Constitution.)
3. The freedom provided in Article 19 (1) is not absolute or unfettered. It is followed by Article 19(2), which lists exceptions or “reasonable restrictions” on free speech under following heads:
→ Security of the State,
→ Friendly relations with foreign States
→ Public Order,
→ Decency and Morality,
→ Contempt of Court,
→ Defamation,
→ Incitement to an Offence,
→ Sovereignty and Integrity of India.
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Certification of films in India
1. In India, all films must have a Central Board of Film Certification (CBFC) certificate if they are to be released theatrically, telecast on television, or displayed publicly in any way.
2. The CBFC certifies films under four categories:
📌U: Unrestricted public exhibition (Suitable for all age groups)
📌U/A (UA 7+, UA 13 + and UA 16 +): Parental guidance for children
📌A: Restricted to adults(Suitable for 18 years and above)
📌S: Restricted to a specialised group of people, such as engineers, doctors or scientists.
3. The film certification process is governed by The Cinematograph Act, 1952, The Cinematograph (certification) Rules, 1983, and the guidelines issued by the Central government under section 5B of the Act, which says that-
“A film shall not be certified for public exhibition, if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of the sovereignty and integrity of India, the security of the States, friendly relations with foreign State, public order, decency or morality or involves defamation or contempt of court or is likely to incite the commission of any offence”.
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4. Certification of films is carried out by the CBFC through an Examining Committee, appointed by the Regional Officer, which submits its recommendations after viewing the film.
5. The decision is based on the committee’s majority or unanimous opinion. A split or divided opinion, or a contentious matter, may be referred to a Revising Committee or decided by the CBFC Chairperson.
6. The CBFC can also deny certification a film. On several occasions when a filmmaker or producer has not been satisfied with the CBFC’s certification, or with a denial, they appealed to the Film Certification Appellate Tribunal (FCAT), which overturned the CBFC decisions. However, since the dissolution of the FCAT in 2021, such appeals can be made directly to the High Courts.
Central Board of Film Certification (CBFC)
1. The Central Board of Film Certification (CBFC) is a statutory body under the Ministry of Information and Broadcasting. It regulates the public exhibition of films under the provisions of the Cinematograph Act 1952.
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2. Films can be publicly exhibited in India only after they have been certified by the CBFC.
3. According to the official site of CBFC, “The Board consists of non-official members and a Chairman (all of whom are appointed by Central Government) and functions with headquarters at Mumbai.”
4. CBFC has nine Regional offices, one each at Mumbai, Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New Delhi, Cuttack and Guwahati. The Regional Offices are assisted in the examination of films by Advisory Panels. The members of the panels are nominated by Central Government by drawing people from different walks of life for a period of 2 years.
Acts and rules that Guides CBFC in Certification Process
📌 Article 19(1) of the Constitution says that all persons shall have “freedom of speech and expression”. However, Article 19(2) of the Constitution lays down provisions for imposing reasonable restrictions on the exercise of this right.
📌 The Cinematograph Act, 1952.
📌 The Cinematograph (Certification) Rules, 2024.
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📌 The Guidelines issued by the Government under Section 5B of the Cinematograph Act.
📌 The Cable Television Networks (Regulation) Act, 1995 r.w. The Cable Television Network Rules, 1994 (Programmes and Advertising Codes therein).
📌 The Cigarettes and other Tobacco Products Act (COTPA) , 2003 & Rules 2004.
📌 The Prevention of Cruelty to Animals Act. The Emblems and Names (Prevention of Improper Use) Act, 1950.Th
📌 Prevention of Insults to National Honour Act, 1971.
📌 The Drug and Magic Remedies Act.
📌 The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989.
📌 The Indecent Representation of Women (Prohibition) Act 1986.
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📌 The Protection of Children from Sexual Offences Act (POCSO Act) 2012, Etc.
BEYOND THE NUGGET: Age-based categories for Certification of films
1. The government recently notified age-based categories certification of films to promote age-appropriate viewing, particularly for the parental guidance group.
2. In a gazette notification, the Ministry of Information and Broadcasting amended the rules notified in December 1991 laying down principles for sanctioning films for public exhibition.
3. The rules allow the Central Board of Film Certification to allow certification of films for unrestricted public exhibition with an endorsement in accordance with the nature.
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4. “Content suitable for a child aged seven years and above and under the age of seven years with parental guidance shall be classified as ‘U/A 7+’ rating… child aged thirteen years and above and under the age of thirteen years with parental guidance classified as ‘U/A 13+’… child aged sixteen years and above and under the age of sixteen years… as ‘U/A 16+’ rating,” the notification read.
Post Read Questions
(1) The provisions under Article 19 of the Constitution of India are:
1. to assemble peaceably and with arms
2. to form unions
3. to reside and settle in any part of the territory of India
4. to carry on any occupation
Select the correct answer using the codes given below:
(a) 1, 2 and 3 only
(b) 2, 3 and 4 only
(c) 3 and 4 only
(d) 2 and 4 only
(2) Consider the following statements:
1. The Central Board of Film Certification is a statutory body.
2. There is no CBFC certification for T.V programs and serials.
Which of the statements given above is/are not correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
(Sources: Constitution of India, Express View: On Thug Life and freedom of speech, listen to the Supreme Court, Certification of films, Explained: The role, significance of film certification tribunal, now abolished, cbfcindia.gov.in)
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