Ethics Case Study Part 6 (UPSC/IAS)

In the following questions, carefully study the cases presented and then answer the questions that follow (in around 250 words):

Ethics Case Study >>> A renowned and critically acclaimed producer-director has come up with a new movie based on retelling of the freedom movement. The trailer of this project depicts prominent freedom fighters and various aspects of their personalities. It is a project that involves substantial sums of money and has taken collaborative efforts of 3 years. However, certain political and social activists have objected to what they perceived as negative portrayal of some freedom fighters. As such, they have opposed the release of this movie and issued threats with serious consequences. This has come in the context of increase in the number of instances involving many groups issuing threats against one or the other movie. In such a context you have been designated as the head of a special committee with the broad responsibility of reviewing the film certification process in general as well as the checking the historical accuracy of the events depicted in this particular movie.

Questions :

(a) Who are the key stakeholders you would involve as part of the consultation process?

(b) What are the principles that you would consider while giving your recommendations to the government? Also, provide an outline of a solution that you deem appropriate in the prevailing context.

Approach:

• Identify the key stakeholders for the consultation process.
• Discuss the principles and values to be considered while giving recommendations.
• Discuss the solution –improvements to the film certification process, and a mechanism to objectively review the historical accuracy of events.

Answer :

(a) This is a complex subject that involves legal issues and rights of creative production of the filmmakers and can potentially affect wide sections of society. The consultation process should identify public concerns and develop a broad consensus through multi-stakeholder participation. A participatory approach to consultation that harnesses expertise and knowledge of different stakeholders is critical to find a workable, acceptable and sustainable solution. In this case, inputs from the following stakeholders are required:

• Legal experts to understand the complexities of the case.
• Representatives of the film industry who generally are the direct aggrieved person.
• Members of the Central Board of Film Certification which is tasked with regulating the public exhibition of films under provisions of Cinematography Act, 1952.
• Indian Broadcasting foundation as spokesperson of broadcasting industry.
• Civil society representatives to gain an audience perspective
• Members of National Commission for Women, National Council for Protection of Child Rights etc. which are statutory watchdogs for vulnerable sections of the society.
• Renowned historians to check the historical accuracy of the particular movie.

(b) The recommendations to made to the government for the certification process will be based on the following principles:

• Right to artistic expression is part of the fundamental right to speech and expression under the constitution and should be respected as well as restrained as such.
• Difference between a commercial cinema and a documentary must be maintained. The purpose of a commercial film is to make money by portraying history along with commercially appealing elements. Keeping it in a long drawn process will erode its profitability as well as may risk revealing of the plot to audience, thereby further hampering its potential to earn revenue.
• Artististic freedom includes right to portray fiction along with documented history. However, since historical claims are often unsettled, care must be taken to provide disclaimers as and when necessary.
• Film remains responsible and sensitive to values and standards of the society.
• Categorization of films should empower audience to make informed viewing choices.
• A film to be certified should not –

1. Threaten the sovereignty and integrity of India, the security of the State, friendly relations with foreign states,
2. Disturb public order, or is likely to incite commission of any offence.
3. Hurt the decency or involve defamation o Involve contempt of court
4. Violate the existing guidelines towards issues of sex, violence, smoking, discrimination, drugs etc.
5. If it claims to be a historical film, should not distort well-established facts.

The guidelines should ensure that the process of certification of films for public exhibition is carried out in a uniform, non-discriminatory manner within the ambit of the provisions of the various laws such as Cinematograph Act, Prevention of Insults to National Honor Act, etc.

To deal with this particular situation, the following steps may be taken

• A central advisory panel should be constituted with experts such as historians to objectively assess the historical accuracy of the film in a time-bound manner.
• A restricted screening should be organized for all key stakeholders.
• Reports from these should be presented to CBFC in a time-bound manner, following which the movie can be released, with edits, if required.
• Adequate law and order arrangements should be made upon release of the movie to uphold the rule of law and freedom.

The essence of a mature democracy is freedom of speech and expression. Organizations and pressure groups should not be allowed to dictate policies or hurt the creative expression of artists. A robust certification process is essential to ensure the creative freedom of filmmakers as well as empower the audience to make informed choices.

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