SC to hear Amol Palekar's plea challenging pre-censorship of films
The Supreme Court of India has agreed to hear a plea challenging various provisions of the Cinematograph (Amendment) Act, 2023, including pre-censorship of films. The plea was filed by veteran actor-director Amol Palekar and is scheduled to be heard in January 2025. In April 2017, the apex court sought responses from the Centre and the Central Board of Film Certification (CBFC) on the matter.
Palekar's plea argues documentaries not covered under Act
The plea was filed before a bench of justices BR Gavai and KV Viswanathan. Palekar's counsel contended that documentaries do not come under the definition of cinematograph as defined under the Cinematograph Act. The lawyer said, "It is our respectful submission that documentaries do not fall within the definition of cinematograph as defined under the Act." The bench observed that the plea also relates to the pre-censorship of films.
Government's response and future hearing
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, proposed that it would be helpful if a high court ruling on the issues raised by Palekar was available prior to the apex court hearing. Bhati also raised the issue of Over-The-Top (OTT) platforms' regulations. When Palekar's counsel said OTT regulations don't address documentaries, she replied, "It is a developing field."
Palekar's plea questions pre-censorship relevance in internet era
Palekar's plea challenges various provisions of the Cinematography Act and raises the question of the relevance of pre-censorship of movies in the internet era. The petitioner's counsel said the government had notified the Cinematograph (Amendment) Act, 2023 in August last year but it doesn't address the concerns raised in his petition. He sought a hearing in January and said he would submit a short written synopsis for review.
