Theme: Media & Intellectual Property

The Censor Board has said that I need to make extensive cuts to my film! What are my options?

The law says you have to appeal within 30 days to a tribunal known as the Film Certification Appellate Tribunal (FCAT). This tribunal can revise the decision of the Censor Board. However, the Central Government also has a lot of power to change the decisions made by the Board or the Tribunal. It can look into any film that is being considered by the Board, and can also look into any decision that has been made by the Board or the Tribunal. The Government can then make any orders to cancel or suspend a certificate, or to change a film’s certification (for example, from ‘U/A’ to ‘A’). They can also change the release of the film. Whatever the Government’s decision, the Board will have to follow its order.

The Government has to hear your side of the story first, and any order only remains valid for two months. The Government can also make this procedure private if it deems it ‘against public interest’ to make it public.

Stopping the Abuse

Online abuse is any type of abuse that happens on the internet, whether it’s over chat, posting on message boards and forums, through social networks, playing online games or using mobile phones. 

Online abuse happens on various platforms on the internet such as social media, chat, forums, etc. When faced with online abuse, your first step should be to see what the anti-abuse policy of the platform is, and what steps the platform recommends for you to stop it. We have compiled a list of steps you can take for responding to abuse (blocking and reporting) on Facebook, Facebook Messenger, Twitter, Instagram, SnapChat, Reddit, YouTube, WhatsApp, and text messages on your phone.

If the administrators of the platform are not being responsive or you are unhappy with the results, you can also file a criminal complaint at the local police station or cyber investigation cell. It is not necessary for you to get recourse only after approaching the platform administrators. You can directly approach the police station or cyber cell to file a complaint.  When you go to the police station to file a first information report (FIR), the police have to note down the information you provide. Different provisions in law(( The Indian Penal Code, 1860; Information Technology Act, 2000)) make online abuse and online harassment a crime. The victims of such crimes can be male or female.

What are the Forms of Defamation?

Saying or writing something harmful to a person’s reputation is defamation. It’s against the law to intentionally harm someone’s reputation, cause them to be hated or disgraced through text, image, cartoons, caricatures or effigies.

There can be two forms of defamation – slander and libel.

Slander

Slander involves something that is spoken, with the intention to harm someone’s reputation, and which can be heard. It is in verbal form. For example, Rahul says bad things about Seema’s character, which results in Seema losing her job. Rahul has committed the crime of defamation through slander.

Libel

Libel involves something that is visually represented, with the intention to harm someone’s reputation, and which can be seen. So, anything that can be written, printed or something on an effigy, movie or statue can be libel. If Rahul writes something about Seema in a magazine in a derogatory manner, then Rahul has committed the crime of defamation through libel.

Violence in Online Spaces

As more and more Indians spend time online, the law is evolving to protect us from violence in online spaces. Watch our videos to learn more about the protections available to you against online abuse and online crimes.

Reporting Online Abuse

If you are a victim of online abuse or know someone being victimised, you must report it to the authorities. You can report online abuse in any of the following ways:

Approaching the Police Station

When you go to the police station to complain about a case of online abuse that you have faced, they will ask you to file an FIR. You should make sure you give all the information you know about the incident and abuse that you have faced.

Cyber Cell

Cyber Cells are present in every state and some police stations may have a unit designated to work on cyber crimes. These cells or units will look into and help you out in cases of online violence such as online stalking, hacking, etc. In many states, you can file a complaint online through the website of the cyber cell. For instance, for Delhi, you can file an online complaint here.

If you want to file a complaint, you will have to either:

  • File a complaint online with your respective state’s Cyber Cell website or
  • Approach the police station where you will have to file an FIR which will be forwarded to the Cyber Cell.

Complaint Portals

Online Crime Reporting Portal

You can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal. You may be redirected to a specific State Government’s website to register a complaint.

Register a complaint in the section “Services for Citizen”, and click on “Report a Cyber Crime ”. Here, you can provide information about the offender, the victim, and the incident along with any supporting evidence, such as screenshots. You can report anonymously or with identification, and you can track your complaint as well. 

Cyber Crime Reporting Portal

You can also directly file a complaint on the Cyber Crime Reporting Portal. Complaints can also be made anonymously.  You can complain against various cybercrimes by selecting the option ‘Report Cyber Crime Related to Women/Child’ or ‘Report Other Cyber Crime’. You must login and create an account and select “Report and Track” if you wish to track your complaint.

What is the Punishment for Defamation?

If you say or write something to insult the reputation of a person, group of people or a company, a court can punish you for defamation. When the insult is to a group of people, the court should be able to identify this class or group of people.

If you harm the reputation of someone who is dead, the court can still punish you for defamation. The Court will look at whether:

  • you would have harmed the person’s reputation if they were alive, and
  • if you  hurt the feelings of their family or relatives.

The deceased person’s legal representatives or relatives can file the case on their behalf.

The punishment for defamation, in such cases, is jail time up to 2 years and/or a fine.

Printing or engraving something harmful to a person’s reputation and selling or trying to sell printed or engraved defamatory material are also criminal acts. The court can punish you with jail time of up to 2 years and/or with fine.

CBFC Actions

If you want to show a film/movie to the general public in a theatre, you have to apply to the CBFC for a certificate. Rule 21 of the Cinematograph Rules details the process for filing the application. The Board examines the film, and it also has to hear from you. Then, it can do any one of the following:

  • Release the film with one of 4 certificates:
    • U (unrestricted), meaning anyone can see the film
    • U/A (unrestricted but with adult supervision), meaning anyone can see the film but parents should use caution in allowing children under 12 to see it
    • A (adults only), meaning only adults may see the film
    • S, a rare certificate that means only certain professionals, such as doctors or scientists, can see the film
  • Tell the filmmaker to make changes to the film before it can be certified by the Board using one of the four certificates above.
  • Refuse to certify the film at all. The film may not be released.

Censorship of Films/Movies

Censorship is when an authority (such as the government) cuts out or suppresses communication. The official stance of the Government is that it does not censor films, it only certifies them.

For the general public to see films/movies, the Central Board of Film Certification has to certify them. Many films are certified only if they meet certain conditions and the filmmakers make certain changes to the film. This amounts to censoring, generally understood as blocking or hiding content from its intended audience.

The law says that the Board can refuse to certify a film if any part, or the whole goes against the sovereignty of India, or affects its relations with other countries. They can also take action if they think the film:

  • is indecent,
  • against morality, or
  • if it is likely to cause public unrest or defame anyone.

The Central Government also has the power to issue more ‘guidelines’ to help the Board decide how to proceed. You should read them for yourself.

Some of the things the guidelines say are –

  • Films should provide a ‘clean and healthy environment’
  • Anti-social activities, or drinking/drug use can’t be glorified, and
  • There should not be needless violence
  • Films shouldn’t cater to the ‘baser instinct’, or be ‘vulgar’.
  • It should not degrade women and sexual violence against women should be shown ‘to the minimum’
  • Anti-national or communal attitudes can’t be promoted