TV Censorship in India

Comedy Central has been banned for ten days for airing supposedly obscene and vulgar words and being derogatory to women.

Stating multiple clauses that the channel has breached, the I&B Ministry asked Comedy Central to go off air from May 25 till June 4 for a comedy broadcast during Stand Up Club and Popcorn programmes on May 26 and July 4 last year.

The order issued by Delhi High court claimed that the programme showed a stand up comedian mouthing supposedly vulgar words accompanied by obscene and suggestive gestures and gyration.

Jokes during his performance supposedly denigrated women, indecently and crudely referred to sex organs of men-and women and the sing-song rendition by the man sought to pornographically describe male lust, whilst depicting women as a commodity of sex.

The second case was an episode from the reality show titled Popcorn wherein members of the Comedy Central crew are seen playing pranks on the general populace. In this case, one of the Comedy Central crew members was seen mimicking the act of intercourse with a set of dummy legs, in different locations.

Update: Ban stayed

28th May 2013. See  article from  timesofindia.indiatimes.com

A division bench of the Delhi High Court has stayed an order of the information and broadcasting (I&B) ministry that prohibited transmission and re-transmission of the television channel, Comedy Central.

The HC bench stayed the order after hearing Sujeet Jain, executive vice-president, of Viacom, who had challenged the ban.

Upset over the broadcast of supposedly indecent visuals on Fashion TV, a committee of the Information and Broadcasting Ministry ordered that the channel be taken off air for 10 days.

The ministry said it had issued a show cause notice to FTV after it telecast programmes like Midnight Haute & Designers in High Definition ,'Chantellie Lingerie, Paris' and Lingerie in September 2011. It claimed that the visuals offended good taste and decency and were obscene and vulgar and not suitable for unrestricted public exhibition and also for children.

According to the panel, the programme Designers in high definition showed models walking on the ramp while a man in an underwear was clinging to a woman in an embrace in the background:

Both are shown insinuatingly swaying their bodies and making suggestive postures. Such a portrayal appears to offend good taste and decency and also appears obscene.

Again in April 2012, the channel telecast another programme 15th Anniversary- Top Designers . The committee claimed:

The programme showed nudity of female bosom, which appeared obscene and vulgar, showing form and figure of women in an indecent way. The visuals did not appear suitable for unrestricted public exhibition and also not suitable for children.

Representatives of FTV during a personal hearing at the panel said there was no nudity in the content. When the committee offered them to show recorded instances where buttocks and breast were fully exposed, they replied that these instances would have happened due to improper blurring.

This is the third time that the government has ordered FTV to be taken off air.

India's government has directed all cable and television platforms not to carry SS TV channel for a fortnight from the midnight of 15 January to the midnight of 30 January for telecasting the trailer for the supposedly  'adult' film Friends with benefits on 30 September 2011. The film is a comedy romance that is 15 rated in the UK.

Television transmission platforms have also been prohibited from carrying Zing and Enterr 10 television channels for one day from midnight of 12 January for telecasting 'adult' films in violation of the programme code.

While Zing TV had telecast the adult film Hawas in January, the Enterr 10 channel telecast three Hindi feature films -- Musafir on 29 September 2011, Plan on 19 October 2011 and Aashiq Banaya Apnne on 31 January 2012.

In the case of Hawas , the directive noted that the film showed visuals of passionate love making and kissing scenes between a couple, who were shown to be clinging to each other and writhing in bed in an explicit portrayal of sexual desires overpowering them. Such a portrayal is distinctly meant for adult audience, for which CBFC had appropriately given A certification to the said film.

The Broadcasting Content Complaints Council (BCCC) has issued an advisory to India broadcasters whingeing at double entendres in comedy.

According to BCCC staff, there is a lot of double-meaning language being used in comedy shows, and sometimes it crosses the line towards vulgarity on various channels, and they have received complaints regarding it. AP Shah, BCCC Chairperson, spouted in a statement:

Comedy is an intrinsic part of our life and it is only natural that TV channels produce and telecast programmes that are humorous and light-hearted. The BCCC, however, feels that the line that divides healthy comedy from vulgarity, obscenity and double-meaning language must be strictly adhered to.

This is necessary to ensure that the social message sent across through various comedy shows to millions of viewers does not overstep this all-important threshold. We are confident that the channels which telecast comedy shows will keep this in mind.

The organisation, a self-censorship body for non-news general entertainment channels, has also asked channels to pay special attention to the issue of the supposed sexualisation of children on television shows.

The Indian film industry, which has been battling to overturn a unilateral censor board decision to ban A-rated films from television, can heave a sigh of relief, at least for now.

This newspaper has learnt that the Information & Broadcasting Ministry has stepped in to resolve the deadlock by asking censors to continue cutting films for the small screen until suitable amendments are made in the Cable Television Act.

Once these changes are in place, however, the censors may get their wish that a majority of the re-certified movies can be shown on TV only after 11 pm. The censors contend that some of these films, no matter how extensive the cuts, deal with themes that are unsuitable for younger audiences.

The idea of an 11pm watershed for adult A rated films was demanded by the Central Board of Film Certification (CBFC). When the TV companies refused to play along with the idea, the CBFC protested by working to rule and refusing to certify any adult films for TV. A CBFC certificate is a legal requirement for films shown on TV.

Update: A Gathering of TV Censors

21st September 2012. See  article from  hindustantimes.com

To put an end to controversies on the lines of the TV telecast of the Vidya Balan starrer Dirty Picture , an umbrella body is being mulled that will pre-censor films to be telecast on television.

The self-regulatory body comprising representatives from the film industry, Central Board of Film Certification (CBFC), information and broadcasting ministry and the Broadcast Content Complaints Council (BCCC) will decide whether the film in question is suitable for TV telecast on the basis of content and also fix a particular time slot.

This proposal which is at an initial stage has come from the CBFC and is being positively considered by the BCCC and the I&B ministry, said an official on condition of anonymity.

Update: A more representative committee

18th October 2012. See  article from  timesofindia.indiatimes.com

We've learnt Censor Board Chief Leela Samson flew down to Mumbai and met up with filmmakers Yash Chopra, Mukesh Bhatt, Ramesh Sippy, Siddharth Roy Kapoor, Ashutosh Gowariker, Harry Baweja and top producers from the South at Hotel Sahara Star in Andheri East. CBFC CEO Pankaja Thakur was also present.

Most importantly, a decision was taken at the meeting to form a separate committee to review films that are rejected by the censor board for TV viewing.

The committee will comprise members from different walks of life and will include directors, actors, judges, social activists, teachers as well as CBFC representatives.

Once the CBFC identifies the objectionable movies, the committee will then take a call as to what time they should be slotted, whether prime time or post 11pm. The committee will reserve the right to reject a film that they find totally unfit for small screen viewing.

India's Central Board of Film Certification (CBFC) told Mumbai Mirror that it has decided to stop re-certifying A-rated films for TV, thereby making them ineligible for television screening.

It's a decision that is now threatening to derail several top-of-the-line production houses which make a chunk of their profits from the advance sale of satellite rights.

A number of big-ticket films, including Aamir Khan's home production Delhi Belly , Anurag Kashyap's Gangs of Wasseypur (parts 1 and 2) and Vikram Bhatt's Hate Story are waiting for CBFC clearance. The satellite rights of many of these films have already been sold to broadcasters for big money.

When contacted, the censor board's CEO Pankaja Thakur confirmed that the re-certification had stopped already:

We're no longer modifying and certifying films to make them suitable for TV viewing, she said. This was not a part of the Cinematograph Act. We would like it to be included in the Act, but that is up to Parliament.

The controversy began last month when objections were raised with the manner in which The Dirty Picture had been modified for TV, with a case filed against its telecast.

The CBFC then told the film producers that they should specify to TV channels that all modified A-rated films should only be shown only after 11 pm. This suggestion was accepted for The Dirty Picture , but the producers of Jannat 2 , fearing a loss of revenue in satellite rights, challenged the CBFC's guideline in the Film Certification Appellate Tribunal (FCAT). The FCAT ruled in the film producer Mahesh Bhatt's favour, and told CBFC that it could not decide the slotting of films on TV.

Thakur explained that the CBFC were miffed at not being able to inflict transmission times and had decided to work to rule:

The modification of A-rated films was a facility that the CBFC was extending to the film industry to help them show their movies on TV. If we were doing something extra for them, we had a right to attach certain riders to it. Since this 11 pm condition is unacceptable, we have decided to go strictly by the original Act. We want the role of the CBFC to be redefined. If we are supposed to modify or re-certify films for TV viewing, it should be specified in the Act.

The film industry is now starting to panic. Insiders say that satellite rights of a movie constitute nearly 40 per cent of its gross earnings. A producer said:

If the film cannot be telecast, won't the channel want a refund? And hereafter, won't Adult films have no buyers whatsoever?

Mahesh Bhatt added:

This is a very serious matter. The film industry will have to lock horns with the government. We might require judicial intervention, or the entire economics of the film industry will go topsy turvy.

India's newly formed council of TV censors has made its first annual report to the Indian Information and Broadcasting Ministry.

It said that it had received 717 specific complaints, of which 47% were about supposed obscenity and nudity while 16% were regarding depiction of violence. 7% complaints related to TV content supposedly hurt religious and cultural sentiments. The report said that nearly 16% of specific complaints pertained to the theme of crime and violence and many of these were against shows based on actual crime cases.

Referring to the complaints related to sex, obscenity and nudity, the Broadcasting Content Complaint Council report said that a large number of such complaints were found to be violating Indian Broadcasting Federation's self-regulatory guidelines. The report said:

The BCCC directed some channels that since these programmes were not suitable for telecast during general viewing hours, they should suitably modify the content and air such programmes during restricted viewing hours.

In some cases, channels completely took programmes off air.

The main concern was use of vulgar language by participants and the alleged obscene acts performed by them during the shows.

The Dirty Picture has been passed for daytime TV broadcast after nearly 100 cuts.

The controversial A (18) rated film had already suffered 59 cuts for a U/A certificate that would allow it to be shown on TV after 11pm.

Sources said the producers of the film approached the Central Board for Film Certification (CBFC) volunteering an additional 40 cuts for a U certificate. Certain words have been muted while 3-4 minutes of the film have been chopped off.

The Information and Broadcasting ministry had previously stepped in to stop screening of The Dirty Picture on prime time TV after an April 19 order of the Lucknow bench of the Allahabad High Court had asked the ministry to ensure that the telecast of the movie did not violate guidelines.

The I&B ministry had then turned to CBFC for advice which had said the U/A certificate given to the film after several cuts meant that parental guidance was a must. CBFC had also asked the ministry to tell all channels, which are planning to telecast U/A rated movies in near future , to do so only after 11 pm.

About 382 movies were broadcast by 38 different channels without displaying the mandatory certificate from the Central Board of Film Certification (CBFC) in the month of January 2012.

This has upset the Information and Broadcasting (I&B) Ministry which has now asked the Indian Broadcasting Federation (IBF) to ensure that all channels display the censor certificates while telecasting films and ensure that rules are followed.

According to the official sources, the Electronic Media Monitoring Cell (EMMC) of the ministry had in a report pointed out the non-display of these mandatory certificates by TV channels on 382 occasions.

Officials said that the ministry had reasons to be annoyed that the practice of sidestepping censorship law  had become widespread. Sources said that not just the private players, but even the national broadcaster Doordarshan in January this year had telecast a movie without displaying the CBFC certificate.

A popular film called The Dirty Picture was released in India with an A (18) certificate. It was massively cut by the film censors for a UA (PG) rating so that it could be shown on TV in daytime. However it seems that it was cut enough for the moralists and the daytime showing caused a bit of a stink in India.

Now sources from the Information & Broadcasting Ministry say that a decision has been taken to prevent all films with an A (adult) or a UA (parental guidance) certificate to be screened during daytime. A source said:

At a high-level meeting recently in the I & B Ministry it was decided that only films certified for universal exhibition would be screened during daytime on television. Films that are certified A or UA can only be screened post 11 pm.

But the TV and film industry are not happy. An industry explained that producers nowadays sell satellite rights of their films for huge amounts of money. A major part of a film's revenue comes from the television premiere. If the screening-time of films with an A and UA certificate on television is restricted to post 11 pm, satellite revenue would be accordingly reduced since the viewership would be seriously dented.

Many interested parties are now keenly waiting an official statement from the ministry.

Update: Separate TV Censorship

6th May 2012. See  article from  hindustantimes.com

The government is all set to introduce a separate rating system for films being telecast on private TV networks. The decision on the new rating system, which will co-exist with the one for films released in theatres, was taken after a meeting between officials of the Central Board of Film Certification (CBFC) and the information and broadcasting ministry.

Sources said CBFC chairperson Leela Samson has given in-principle approval for the idea, and a detailed set of guidelines will be framed soon.

Update: Still Arguing

14th May 2012. See  article from  timesofindia.indiatimes.com

Tense television broadcasters can breathe a sigh of relief. It seems the proposal to not screen Adults films on television may not be implemented at all. According to sources, there was a serious proposal to completely ban Adult films from television and thereby do away with the procedure of re-certification for television.

Television broadcasters went into a panic mode. A hush-hush high-level meeting between CBFC members and television broadcasters was called and the heated discussion lasted till late in the night.

The outcome, however, was in favour of the broadcasters. According to very reliable sources, the proposal to ban A films completely from satellite television has been revoked. Instead some very censorial guidelines regarding the telecast of A films on television are likely to be laid down.

The source said: The procedure of re-censoring 'A' films for television is likely to continue. However even when films are passed with a 'UA' certificate strigent rules would have to be applied. These include prominent scrolls declaring the relevance and full significance of the 'UA' certificate and warnings about cigarette smoking being injurious to health.

The CBFC, it is reliably learnt, would make its recommendations to the I&B ministry that the UA certification for the television broadcast of feature films be allowed to continue. But with several new additional censorship rules.

Sunny Leone Biggest reasons for complaint

India's Broadcast Content Complaints Council (BCCC) received 3,441 complaints in six months since its inception in June last year, with biggest attractions for complaint being a Rakhi Sawant hosted programme and the appearance of porn star Sunny Leone in reality show Bigg Boss 5.

The self-regulatory body dismissed most of the complaints, officials said. Just 479 were specific complaints which were considered in remit and were heard by the Counci.

Among these 36 complaints specifically raised issues related to the appearance of Leone on Colors Channel programme Bigg Boss 5. Some of the complainants had claimed that children are being exposed to porn industry as they are getting curious to know who is a porn star.

BCCC upheld the whinges against Leone considering her appearance on Bigg Boss-5 to be promotional material for her own websites. The censor advised the channel to choose future participants with care.

The most complaints, 58, were received about the telecast of a programme Gazab Desh ki azab Kahania which was hosted by Rakhi Sawant on Imagine TV.

A majority of the other complainants objected to depiction of sexuality in television programmes. BCCC took action ranging for advising channels to not telecast programmes during general viewing hours to prohibiting telecast in some cases.

By mid April, a panel headed by a retired judge with the mandate to monitor television channels will be in place.

It will report on sensitive and supposedly vulgar content on television. This panel will also take up public complaints regarding any 'objectionable' content on TV, ministry sources said.

A watershed period or time for adult viewing will be fixed from 11 pm to 5 am. Watershed hours will have content that is meant for selective viewing which may not necessarily mean adult content. So naturally it's not a free-for-all situation, the source said.

At present, the I&B ministry has facilities to record programmes of 300 TV channels on a 24-hour basis and store recorded content up to a period of 90 days.

In an attempt to control news channels, the Indian government has proposed setting up of a government appointed committee - the National Broadcast Authority of India - that will have the power to screen programmes or advertisements before broadcast, and formulate the content code.

The committee will have all the powers that were part of the controversial Broadcasting Services Regulation Bill, 2007, which had to be shelved because of fears that it would have led to censorship.

The I&B ministry's new draft envisages a three-tiered redressal structure with the initial two tiers of content monitoring being that of self-regulation. Grievances or complaints that are not settled by the channel itself or by the industry association (at the second level) will then go to the NBAI. The NBAI will be the final authority for all issues related to content and carriage.

While the oversight-of-last resort arrangement is clearly meant to ward off criticism that government wants to control content, this by itself may not assuage the concerns of censorship.

The ministry's task force report gives the NBAI the power to authorise officers to block news content if public tranquility is disturbed. It also suggests that the government retain powers to intervene in the interest of sovereignty and integrity of the country.

The NBAI will, according to the draft, comprise one representative of the media, while the other six members will include eminent persons with 15 years of experience from fields of law, public administration, finance, IT and social work.

News broadcasters expressed fears that the NBAI will be filled with retired bureaucrats or otherwise pliable civil society members as is the practice in nearly all regulatory authorities. The lone representative of media may find it difficult to put across his viewpoint.

India's Information & Broadcasting Minister, Ambika Soni, said she herself was 'shocked' by some of the serials she sees on air.

Some serials are meaningless and take us back in time. I don't want to be a censor board for TV ...BUT... we are talking about homes which have just one TV. So there have to be some self-regulatory norms because what enters our rooms has to be separate from films, she said.

The Minister also said that if self-regulatory norms don't work, the government will have to step in.

She added that she wanted to review the entire ratings system for television or Television Rating Points: The present system of TRPs is not adequate.

Despite its active participation in content regulation on Indian TV, the information and broadcasting ministry has suggested independent regulation by private players.

The government feels that there must be some sort of independent regulation. Every country has it but India doesn't. We have so many channels but no regulators. It doesn't make sense to us that we should be sitting over it (content regulation), said I&B ministry Joint Secretary Zohra Chatterji.

The content code has layers - self regulation and peer evaluation followed by independent regulation. The broadcasters came to us to leave it to them for some time. Above all, the prime minister has already made it clear that it (if anything is done by I&B) shall be done only after the widest possible consultations, she added.

Calling for a powerful moral guardian for the society, the Madras high court has favoured a stringent censor mechanism to vet television programmes that contain violence, obscenity and vulgarity.

Justice R Regupathi, quashing defamation proceedings initiated against actor Vijay in various courts of Tamil Nadu observed: The most dangerous trend is, there are certain channels which exclusively air music and fashion programmes with semi-nudity and adult content, and school-going children, who have free access to remotes, get to view such channels. Their character and psychology is hardened at a tender age...and it is feared that good behaviour, human values and moral standards would be stripped away forever.

He was passing orders on the petitions filed by Vijay, producer of Sivakasi AM Rathinam and its director Perarasu, who sought quashing of over a dozen defamation proceedings initiated by advocates in different courts. Advocates, represented by S Prabakaran, claimed the film scornfully ridiculed the legal profession. During the hearing, the crew apologised for the scenes and said objectionable portions had already been deleted.

Recording the apology, the judge quashed the complaints, but with an observation: The film industry too has social and moral responsibilities... Of late, it is irritating to note that corruptive, pointless and irresponsible messages are being conveyed through movies in the name of entertainment.

Justice Regupathi lamented that most of the movies, documentaries, serials, music and dance programmes televised ceaselessly contained obscene, vulgar and violent scenes, besides promoting supernatural and superstitious beliefs. In such a critical situation, clear and stringent censorship guidelines for TV programmes must be laid down, he observed.

He said: The need of the hour is, apart from scrutiny of films, there should also be a close monitoring of television programmes so as to check lapses and to instantly initiate steps against transgressors. Such a governing body should be powerful, unbiased and mindful of its role and responsibility as a moral guardian of the society.

With broadcasters and the government close to working out a new content code for television, foreign movies with partial nudity and mature content may soon be allowed at all time bands on digital addressable media platforms like direct-to-home (DTH) services, conditional access system and IPTV platforms, which have the provision of a parental lock.

Currently, all foreign language films, even after adult certification from their country of origin, have to get approval from the Indian censor boards. To get the nod, they invariably have to undertake re-editing of the objectionable portions in the films, in accordance with the existing programme code under the cable TV law.

The existing analogue cable services may also be allowed to show adult content on television (foreign cinema to start with) but from 11 pm to 4 am only, as a broad consensus is being arrived at on the draft content code between the government and broadcasters, pending resolution for over two years.

This comes after the Ministry of Information and Broadcasting (I&B) re-started discussion on the new content code with broadcasters. Government sources say at the most three to four more meetings will be required to finalise the code, that will replace the existing one, adapted from the guidelines drafted for Doordarshan decades earlier.