Case 5 of 30 in Law Easy's Media Law series. K. A. Abbas v. Union of India, Supreme Court of India, decided 1970.
FACTS
Writer and filmmaker K. A. Abbas made a documentary, A Tale of Four Cities, contrasting the lives of the rich and the poor, with shots of Mumbai's red-light area. He sought a 'U' certificate, but the Board gave only an 'A' certificate and the Government offered 'U' only with cuts. He challenged the whole system of film censorship. During the hearing the government agreed to a 'U' certificate without cuts.
WHAT THE COURT HELD
A Constitution Bench led by Chief Justice Hidayatullah held that pre-censorship of films is valid, because a motion picture combines sight and sound and can stir emotions more deeply than other forms of art. But the standards for censors must be clear and must leave a wide area for creative freedom, and the guidelines must not be set by the most easily shocked viewer.
EXAM POINT
Do not confuse the individual concession with the general rule. Film certification is valid in principle, but artistic freedom must survive it.
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