Freedom of expression and thought in Indian cinema

Freedom of speech and expression is a fundamental right guaranteed under the constitution of India. This right is however not absolute and is subject to reasonable prohibitions and restraints. The scope of the fundamental right to freedom of speech and expression has been expanded to include a filmmaker’s right to express their thoughts and ideas through the medium of a cinematographic film.

However, the filmmaker’s expression through their film may be restricted if the film poses a threat to national sovereignty, security of the state, national peace, etc. Keeping this in mind, the Cinematograph Act, 1952, and Cinematograph (Certification) Rules, 1983, prescribe the parameters and process for censorship of films and grant of certification in respect of films declared to be fit for public exhibition.

Indian courts have been reluctant to interfere with or restrict the exhibition and exploitation of films which are certified as fit for public exhibition by the Central Board of Film Certification (CBFC).

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