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Why Shashi Tharoor’s CBFC amendment bill must not pass

Despite all the well deserved ill repute that the Indian Censor Board has, it is a reasonably well-architected institution. While this may be a surprising statement to make about the CBFC, it is true. The CBFC is transparent since 'cut recommendations' are made over the table and 'cut lists' are made available publicly (with hiccups). The board is appealable — there's a revision committee in addition to the examining committee that a filmmaker has to face first. And if neither leads to an acceptable outcome, there's always the Film Certification Appellate Tribunal, which often significantly revises Censor Board decisions to the filmmaker's benefit. Opposition MP Shashi Tharoor recently introduced the Cinematograph (Amendment) Bill, 2018. This bill threatens to undermine those redeeming qualities of the Censor Board's architecture, and in its current form, it should not pass.  Why is the Cinematograph Amendment Bill flawed? Taking away the Censor Board's censorship powers — which is the primary change made by this Bill — seems like a very attractive objective. But it is an impossible goal without the abolition of the Censor Board itself. Tharoor's bill (in line with Shyam Benegal's recommendations) maintains the Censor Board's monopoly over which movies enter the theatres and which ones don't. This is key. Filmmakers will always prefer lower age ratings, since they are tied to a greater likelihood of getting tax breaks. Tharoor's amendment bill does not address this reality. It also does nothing to demolish the hurdles that stand in the way of studios giving filmmakers the freedom to make…

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I cover the digital content ecosystem and telecom for MediaNama.

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