PEGGY FEN Vs. CENTRAL BOARD OF FILM CERTIFICATION

JUDGEMENT

(1.) This writ petition is filed by an advocate with a prayer to issue a writ in the nature of mandamus directing the respondents to remove the Malayalam movie "Churuli" from the 'Over The Top Platform' (for short 'OTT Platform') as expeditiously as possible. The second prayer is to issue such other writ, order, and direction directing the respondents as this Hon'ble Court deems fit in the interest of justice.

(2.) The petitioner is an advocate by profession and is having an office at Ayyanthole, Thrissur. 'Churuli' is a Malayalam language movie directed and co-produced by renowned director Lijo Jose Pellisseri and written by S.Harish. The movie was released on the OTT Platform in SonyLIV on 19.11.2021. According to the petitioner, even though the movie 'Churuli' is capable of invoking a sense of curiosity and mystery in the minds of the audience, there is an overdose of foul language used in the movie. It is pleaded that the movie contains obscene and filthy languages which are opposed to public morality and tranquility. According to the petitioner, every character in the movie uses at least a single offensive word in every dialogue they deliver. The filthy languages are used lavishly and without any curtain. It is the case of the petitioner that the words and language used in the film are not one that can be used publicly and openly. It is the case of the petitioner that, a person of common parlance will not use such languages even privately at home. According to the petitioner, the filmmaker had used such language deliberately with the intention to get more attention to the movie. Apart from using filthy words, the petitioner submitted that there are a lot of usages which is totally against the morality of ladies and objectionable to all ladies' common conduct. The words used in the movie outrages the modesty of ladies and children and a person who is watching this movie will feel irritated and disgusted, the petitioner submits. It is pleaded that since a movie which is supposed to be a form of art, it influences common people of the society and it is common among people to imitate the dialogues of the Malayalam movies and if this similar situation happens with the movie 'Churuli', it will affect the public morality and tranquility. It is contended that the censor board has violated the rules and regulations by giving permission to release this movie. According to the petitioner, releasing a movie of this kind on a public platform will attract the offences under the Indian Penal Code. According to the petitioner, during the pandemic season, the children and the teenagers are staying at home as their schools are shut down and they are more prone to this OTT platform and this uncensored content. The parents seem it very difficult to monitor the children all the time, especially teenagers, who cannot be kept away from the phone or any other like gadgets as these devices are necessary for schools and colleges works. According to the petitioner, in January 2019 eight video streaming platforms had signed a self-regulatory code that stated a set of guiding principles for the contents which can be displayed online. There were five terms and conditions which had to be mandatorily followed and the same is extracted in the grounds of the writ petition and the same is extracted hereunder also:

(3.) The 1st respondent in this writ petition is the Central Board of Film Certification (for short 'CBFC') and a statement is filed by the Assistant Solicitor General of India on behalf of the 1st respondent. In the statement, it is stated that an application of the Malayalam feature film titled "Churuli" was received in the regional office, Central Board of Film Certification, Thiruvananthapuram on 23.10.2021 along with all other documents. After scrutiny of the application, the film was screened on 29.10.2021 before the Examining Committee with Regional Officer, CBFC, Thiruvananthapuram as Examining Officer, and four advisory committee members, which included a total of three women including the Examining Officer. It is stated that on examination, the Examining Committee unanimously recommended Adult Certificate ('A') to the film subject to certain excisions and modifications. This was conveyed to the applicant at the time of the hearing, which was held on the same day after screening. It is submitted that the producer of the film submitted the excisions and modifications suggested by the CBFC at 12.11.2021 and after verification by the CBFC on 18.11.2021 the film was given 'Adult Certificate' with No.DIL/3/6/2021-THI on 18.11.2021. It is specifically stated in the writ petition that the Malayalam feature film 'Churuli' which is being exhibited through OTT platform by the SonyLIV is not the certified version of the film. It is submitted that the Regional Officer, CBFC, Thiruvananthapuram, by an official statement dated 22.11.2021 had informed the general public that the Malayalam feature film 'Churuli' which is being exhibited through OTT platform SonyLiv is not the certified version of the film. It is also stated that the Central Board of Film Certification has no role with regard to the films in the OTT platform. It is submitted that the contents on the internet cannot be governed by the Cinematograph Act, 1952.