Strengthening film industry: The role of censorship

Film is considered to be an important art form, a source of popular entertainment, and a powerful medium for educating — or indoctrinating — citizens. The visual basis of the cinema gives it a universal power of communication. Some films have become popular worldwide by using dubbing or subtitles to translate the dialogues into the languages of viewers in different countries. Many have criticised the modern film producers' overindulgence in violence and their sexist manipulation of women.
The cinema of Bangladesh, generally referred to as Dhallywood, has once had a significant place in South Asian films. The country has been witnessing a vibrant film industry since the post-Liberation period in the 70s. Film production reached an all-time high in 1990, in line with a making spree throughout the 80s, a period referred to as the 'golden age' of Bangladesh cinema. During the 90s, the Bangladesh film industry produced a number of commercially successful, big-budget films.
As of 2013, the film industry grossed around $62 million from the domestic market out of 120 releases, making Bangladesh the 10th largest film producing country in the world. According to the film sector analysts, the Bangladesh film industry has grown at a fast pace in the recent years.
Our film industry had its beginning with the 1931 production of the feature film Last Kiss. It was the earliest plot-based film ever made in Bangladesh, the then East Bengal. However, the first-ever screening of films in the country was held on April 24, 1898, by Bradford Bioscope Company at the Crown Theatre near the Dhaka harbour.
FILM CENSOR BOARD: In our current film policy, we have regulations of censorship which were enacted in 1963, and had gradually been updated. Yet the film censor rules have not been modernised considerably. Besides, there are cinematography acts, regulations for national film award jury boards, those for joint venture films etc. If we look back into the history of our film regulations from 1963 onwards, we find some significant ones:
* The Censorship of Films Act 1963
* The Bangladesh Censor-ship of Films Rules 1977
* The Code of Censorship of Films in Bangladesh 1985
* Cinematograph Act 1918
The Bangladesh Film Censor Board was established in 1978 as an organisation for the review and scrutiny of the films and for issuing certificates for their release. The board has its permanent office in Dhaka and it discharges its responsibility by following the laws and principles of film censorship. The Secretary, Ministry of Information, is the ex-officio chairman of the board. Other members of the board include representatives (one from each) of the Ministry of Home Affairs, the Ministry of Foreign Affairs, Prime Minister's Secretariat and the Federation of Bangladesh Chambers of Commerce and Industry (FBCCI), Managing Director of the Bangladesh Film Development Corporation, Director General of the Film Archive, a Joint Secretary of the Ministry of Information, a woman member of parliament, two journalists, a professor of the Department of Mass Communication and Journalism of the University of Dhaka, a film actress, the president of the Film Producers-Distributors Association, a film personality, a cultural personality, a lawyer, a woman teacher and a film director. All the members are nominated by the government. The government also determines the number of members on the board, which were 20 in 1998. The board has a vice-chairman, a secretary, six inspectors and other employees for running its administrative affairs. At the time of selecting films, the members of the board follow the principles laid down in Paragraph 13 of the Film Censorship Rules framed in 1977 and take into consideration the law and order situation in the country and society, international relationships, religious sentiments of the people, and a moral code of ethics. The board issues certificate with a 'Universal' marking to films eligible for exhibition to all. In consideration of the conservative social and cultural environment of the country, the board does not issue 'A' or 'X' marked certificates for films meant for adult viewers. In case anybody applies for release of such films, he is not given the certificate and the exhibition of the film is prohibited. The film makers, producers or distributors have the right to file appeal suits against the decision of the Film Censor Board to a special committee constituted for this purpose. The Appeal Committee, after re-examination of the concerned film(s), submits reports along with its recommendations to the government and the decision of government is sent to the Film Censor Board for implementation.
In 1909 "The New York Board of Motion Picture Censorship" came into being. This board quickly began to influence not only New York movies but other film productions worldwide. East Bengal Board of Film Censors was formed in 1952 according to the Cinematograph ACT 1918, which was framed by the British colonial government. Later on, the Central Board of Film Censors was formed by the Censorship of Films Act 1963. It had two branches, one was in Dhaka and the other in Lahore in West Pakistan, and its main office was in Rawalpindi in West Pakistan. After independence, Bangladesh Film Censor Board (BFCB) was formed under the Ministry of Information according to the revised Censorship of Film Rules 1963 (as amended by President's Order No 41 of 1972).
BFCB now operates according to the Censorship of Films Act of 1963 and the Film Censorship Rules of 1977. Following are the function of Bangladesh Film Censor Board:
(a) To examine the locally produced films of all categories, all imported films for commercial purposes and non-commercial use.
(b) To censor the films imported by the foreign missions through diplomatic channel.
(c) To act as the registration authority of film clubs and societies and to regulate activities including granting permission for screening of films.
(d) To check violations of Acts and Rules regarding film Censors and Film Club Acts.
(e) To perform other works as assigned by the government from time to time. These include examination and preview of films for foreign film festivals held in Bangladesh.
(f) To give secretarial assistance and manage screening of films submitted for National Film Award.
(g) To be responsible for screening of films examined by the Appellate Committee.
If we analyse those codes in the context of the current scenario, we see a huge imbalance. Some observations are given bellow as per the code of censorship:
IMPACT OF THE CODE OF CENSORSHIP OF FILMS IN BANGLADESH 1985: Security law and order code under 1.I (g) refers to anything that "ridicules or brings into contempt the Defence Forces, Police Force or any other Force responsible for maintenance of law and order in the country. Portrayal of any character falling in this category in a manner that might help to correct any corrupt element therein will be permissible."
Nowadays, we can see a number of mainstream films containing plots which depict a section of errant law-enforcement personnel violating standards of ethics. Ironically, these are the reflections of real life; so there is no need for following this code in full in the present context. This should be revised as per the current reality.
The code dealing with International Relations provided under 1.II (a) refers to "propaganda in favour of a foreign state having a bearing on any point of dispute between it and Bangladesh or against a friendly foreign state which is likely to impair good relations between it and Bangladesh."
As a matter of fact, this provision discourages many directors or producers from making historical films. It's because many countries or powers previously hostile to Bangladesh have adopted a friendly and warm attitude toward us in the later days. As the global geo-strategies keep changing, we cannot afford to get stuck in a rigid position. The code of  Immorality or Obscenity under 1.IV points to the matter that "(a) condones or extenuates acts of immorality; (b) over-emphasises, glamourises or glorifies immoral life; (c) enlists sympathy or admiration for vicious or immoral character; (d) justifies achievement of a noble end through vile means; (e) tends to lower the sanctity of institution of marriage; (f) depicts actual act of sex, rape or passionate love scenes of immoral nature; (g) contains dialogue, songs or speeches of indecent interpretation; (h)   exhibits the human form, actually or in shadow graphs --- (i)  in a state of nudity; (ii) indecorously or suggestively clothed; (iii)  indecorous or sensuous posture; (j) indecently portrays national institutions, traditions, customs or culture. (This covers kissing, hugging and embracing which should not be allowed in films of sub-continental origin. This violates accepted canons of culture of the countries in this region. Kissing may, however, be allowed in case of foreign films only. Hugging and embracing may be allowed in sub-continental films subject to the requirements of the story, provided that the same do not appear to be of suggestive nature.)
We can see the massive violation of this code in the vast majority of the 'commercial' films. Ill attempts are made to avert box office flops; hence a section of producers follows the practice of punching pornographic 'cut pieces' into their movies. In advanced countries suggestive nudity is used to tell a story properly. And nudity is allowed there provided they are shown reasonably. In a tradition-bound country like ours, however, series of debates on morality are still required to arrive at a conclusion in this regard.
The code of Crime under 1.VI refers to the matter that "(a) Condones criminal acts; (b)   portrays the modus operandi of criminals which may help to introduce new methods of crime; (c) makes heroes of criminals or elicits sympathy of audience on their behalf; (d) maliciously ridicules or belittles public officers engaged in the prevention or detection of crime or punishment of criminals or entrusted with the dispensation of justice; (e) suggests wrong-doings or criminal activities as profitable or as normal incidents of ordinary life; (f) over-emphasises criminal activities in such a way as to arouse sympathy; (g)   familiarises the adolescents and young people with crime and acts of violence as normal incidents of ordinary life and not to be reprimanded; (h) shows science as a means of acquiring devilish powers by master criminals and highly equipped and most modern laboratory as his headquarters; (i) upholds trafficking in women, children, liquor, drugs, and smuggling of any kind.
We see the maximum action movies are violating the first three rules under this broader code. There is particularly a film genre which is known as crime and gangster movies, in which criminals and the crime underworld and their lives and lifestyles and their actions are shown blatantly. These three codes ought to be scrutinised properly, and made suitable for our social context.
MOVING AHEAD: Following are some suggestions which may bring a healthy atmosphere to our film industry.
* Revision of existing codes considering current market demand.
* Enacting regulations for film making.
* Enacting regulations for the members of authorised committee for film approval.
* Enacting regulations for hiring foreign cast and crew in local film production.
* Introducing rating system instead of censorship. A motion picture rating system is designated to classify films with regard to suitability for audiences in terms of issues such as sex, violence, substance abuse, vulgarity, cruelty or other types of adult content. So since the world film industry is reaching its excellence, we also need to move ahead. If any film contains any type of violent element, it can be rated and restricted to the children, the aged and cardiac patients. Forming a dedicated taskforce for overall monitoring of the rules' compliance is imperative.
* There should be proper instructions about the directors, putting some logical terms and conditions with the requirement of their relevant educational and professional qualifications, so that the entire film reflects good taste and does not lack morality.
* There should be additional rules and regulations like the censorship codes for making a film. The existing censorship codes may come up with a revised form.
* A film maker should submit his full film project including story, screenplay, research paper and materials with authentic sources, full budget and assurance of his funds from legal sources.
There are no specific rules and regulations for film making or film makers. Reviewing all the relevant codes, we can see that it is the censorship rules which act as the guidelines for making films in our country.
The main objective of censorship is to examine media texts such as books, films and TV shows and suppressing or removing the unacceptable parts. It is expected that the government will keep the current realities in view and make their effective assessment in order to strengthen the country's film policy.

The writer is senior lecturer and ex-coordinator, Department of Law, World University of Bangladesh.
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