Artistic Freedom – Constitutional Provisions

Artistic freedom cannot be curbed by allowing an over sensitive individual to lift a passage, dialogue or clip out of context. Every part of an artistic portrayal must be read in the context of the whole. Otherwise freedom to speak and express will be reduced to husk. That freedom comprehends not merely the freedom of the director, producer, artist and script writer but equally the freedom of the audience to see, watch, observe and assess. A Statutory Authority in the form of the Central Board of Film Certification has been constituted for the certification of films under the Cinematograph Act, 1952. Lifting of an isolated extract from a motion picture would not do justice either to the fundamental right of the producer, director, script writer and artist or, for that matter, to the right of the community at large to view what is offered in pursuance of a certification granted in accordance with law. Anil Pradhan v. Union of India, (2015) 3 UPLBEC 1890.

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Filed under Artistic Freedom, Media Law

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