Film Industry: Censorship stays in guise of certification

India had put an end to their censorship era four decades back. The country changed the name of their censor board into certification board in 1983. There’s a practice of using rating (certification) in Bollywod, Tamil, Telegu, or Tollygunge films. The main duty of the censor board is to provide certificate to or bar a film. Meanwhile, the primary duty of the certification board is to determine which film is suitable for the audience above which age.

‘The Central Board of Film Certification’ (CBFC) in India designates four types of ratings on Indian films. For example films with the ‘U’ rating are fit to be enjoyed by people of all age groups. Films with ‘UA’ rating might contain scenes uncomfortable for children aged below 12 years and parental guidance are to be followed in case of them. Films with ‘A’ rating are for adult audience only. And, ‘S’ certified films are suitable to screening for audience of specific class or profession only.

Apart from India, the certification (rating) system is followed in a lot of countries around the world including the US, UK, Australia and New Zealand. In Bangladesh however, the censorship system had been deeply rooted for more than five decades. In the face of a longstanding movement from the film artistes, the last government had passed the ‘Bangladesh Film Certification Act, 2023’.

Under that same act, the interim government formed the first ever certification board in the history of the country on last 20 September. With the formation of the certification board, the censor board chapter got closed in Bangladesh as well.

In the middle of the discussion on the certification board, directors and artistes are also bringing up the issue of the certification act. Despite there being strong objection from the film artistes to quite a few sections of the act, the act was ratified by the last government.

Film analysts say that most of the sections from ‘The Censorship of Films Act, 1963’ have been retained in the certification act. In some cases, they have been made even stricter. So, the board that has been formed is the certification board only in name. Unless the sections of this act are amended, the film industry of Dhaka won’t be freed from the guillotine of censorship.

After analysing ‘The Censorship of Films Act, 1963’ and ‘Bangladesh Film Certification Act, 2023’, it has been found that some sections of these two acts are almost identical. Meanwhile, some sections of the certification act are even more ‘repressive’ than the censorship act.  An analysis of the two act showed that 13 out of the 21 sections of the certification act are related to censorship and they have no links with certification or rating either.

Who will be the chairman of the certification board, how many members will be there, the functions of the certification board, the suspension or cancellation of certification and the punishment clauses for violating the act have been taken almost exactly as those from the censorship act.

The extent has been widened in the definition of ‘film’ under the certification act. Only the feature films were characterised as ‘films’ under the censorship act. In addition to feature films, all types of films including short films, documentaries, cartoons and animation films have also been included in the certification act.

Filmmaker Belayat Hossain Mamun believes, “The concept of ​​certification is that it will provide you an open space and liberty. This liberty was curtailed in the censorship act, while the certification act has even taken that away.”

The filmmaker added that earlier the censor board would not bother much about the short films or the documentaries. With this act, even those have been brought under the government approval. Without the ‘approval’ of the certification board, no one would be able to screen that anywhere anymore.

An analysis of the certification act showed that films made for screening on digital platform have to collect approval from the certification board. Films cannot be displayed on any OTT or digital platforms without approval.

Filmmaker Kamar Ahmad Saimon said, “Its sections are so expanded and serious that any digital content creator will get caught under this act. The duty of the certification board is to do grading of films, but with the scope of this new act the board has now become the controlling authority of digital contents too. This board still possesses the sole sovereign power to decide what can be screened and what cannot.”

Film analysts say that the main duty of the certification board is never to bar a film rather determining audience of which age group can watch the film. Yet in the name of certification, it is the censorship act that has been brought back in a stricter shape. As a result, new doubts have arisen regarding how much liberty the filmmakers will have from earlier in making films.

The ministry of information and broadcasting is formulating rules on how will be the rating system for Dhallywood films. However, those have not been revealed yet.

During the last one and a half decades, the censor board in Dhaka made headlines repeatedly by barring one film after another. Films like ‘Nomuna’, ‘Rana Plaza’, ‘Omimangshito’, ‘Shonibar Bikel’ (Saturday Afternoon), ‘Makeup’, ‘Mor Thengari’ (My Bicycle) have been held up at the censor board for years.

Under ‘The Censorship of Films Act’ from 1963 the chairman of the censor board had the absolute power to bar films from release. The certification act also allows absolute control to the board chairman.

According to the certification act, the secretary of the ministry of information and broadcasting will take charge as the chairman of the certification board by default. The secretary also held the post of the chairman in the censor board before.

As per section 8 of the certification act, if the chairman of the board wishes, they can temporarily suspend the certification of any film even after they have provided the certification. And, according to section 9 of the act, the government has the authority to revoke the certification of a certified film.

On what grounds the certification of a film could be suspended or revoked was listed in the censorship act. Certification is also in law. If desired, the aggrieved person can apply for reconsideration of the decision of the Board. Besides just like the censor board, the certification board is also supposed to form an appeal committee. It also allows the scope for filing an appeal.

Film director Kamar Ahmad Saimon said, just as a prison does not turn into a tavern from changing its name, replacing the word censor with certification in the name doesn’t make it cinema-friendly.

Filmmakers Saimon added, “Still bureaucrats hold the post of the chairman of this board. Since the ex officio chairman has the power to cancel or reverse any decision, at the end of the day all the powers of this new board remained indeed in the hands of the bureaucrats.”

Earlier, the number of government officials on the censor board surpassed the number of film persons. The newly formed certification board also has more number of government officials than film persons. Being less in number, the film persons compared to government officials won’t be able to play an effective role in decision making.

In India, the post of chairman at the ‘Central Board of Film Certification’ (CBFC) is given to filmmakers, producers or those associated with films and not to bureaucrats. Poet, lyricist and screenwriter Prasoon Joshi is in charge of the board at present.

In the past two decades, film producer Pahlaj Nihalani, dancer and choreographer Leela Samson, actress Sharmila Tagore, actor Anupam Kher, actor Vijay Anand, actress Asha Parekh and actor Arvind Trivedi have been the chairpersons of CBFC.

The certification board of India appoints a government official as the secretary. For the chairperson being a cultural personality, artistes, filmmakers, producers can play a strong role in favour of films. However, sometimes there are reports of certification being cancelled in India as well.

Alike the censorship act, there are provisions for punishment in certification act as well for violation of the act. However, the punishment period has been increased even more in the certification act. Under the censorship act there were provisions for maximum three years of imprisonment, minimum one year of imprisonment and a fine of Tk 10,000 for screening a film without censor certificate.

In the certification act the penalty for screening an uncertified film has been increased to be not more than five years. Plus there a provision of two-year imprisonment for changing the sign assigned by the board after a film has been certified.

Belayat Hossain Mamun said that it would not be possible to implement the purpose of transitioning from censorship to certification under this act. The foundation of the certification act is still based on the censorship act.

“The certification act is actually a successor of century-old oppressive laws made by the British colonial rulers. Yet the law formed in independent Bangladesh is even more repressive than the law made by the British,” said filmmaker Kamar Ahmad Saimon.

Film analysts say the certification act is needed to encourage and protect film production, screening and film culture, not to obstruct the film culture.

Film activist Mamun said, “We want the film certification act to be made in light of the freedom of speech and the freedom of expression that have been promised in our constitution.”

“Films or content need to be freed out of the grasp of bureaucrats within the legal framework and left to the stakeholders of this sector. The newcomers should not only be appointed as members, they have to be empowered also. The root of the problem is two faceted, bureaucrats and the law. Alternative proposals have to be presented and an effective solution has to be reached at,” said filmmaker Saimon.

On the question of the amendment of the certification act adviser for information and broadcasting Nahid Islam stated from the secretariat on 18 September that initiatives will be taken to amend the certification act through discussions with the stakeholders of this sector.

He told journalists, “The act from 2023 that is there is also full of flaws. There have been primary discussions on a lot of flaws in that act. I will work to amend the act by discussing it with the different stakeholders. That amendment proposal will be formed.”

Activities of censoring films started in this country with the formation of ‘The Cinematograph Act, 1918’. And the formal activities of film censor board began with the establishment of ‘East Bengal Board of Film Censors’ back in 1952. The name ‘Bangladesh Film Censor Board’ was given in 1972 after the independence.

* This report appeared in the print and online editions of Prothom Alo and has been rewritten in English for Prothom Alo English edition by Nourin Ahmed Monisha.