Swasti Chatterjee and Mohar Basu (BOMBAY TIMES; August 1, 2016)

Tired of watching 'Smoking is injurious to health' warnings during movies? Well, should the Shyam Benegal Committee and the Justice Mudgal Committee report on Cinematography Act be reviewed and implemented, cine-goers will no longer be disturbed by these disclaimers. This is one of the changes that the Shyam Benegal Committee has suggested in order to enhance the movie-watching experience. “The committee, formed three years ago, submitted the first part of its report in April and the second part in June this year. I will not be able to comment much on it unless I come to know from the ministry what guidelines they have under consideration,“ said veteran filmmaker Shyam Benegal, who heads the committee.

Speaking about the proposition of putting a 'No Smoking' warning before and during the film, Benegal said, “We suggested that the 'No Smoking' disclaimer shouldn't come in between the film; it has to be there either before the movie starts or after it ends. We have also recommended to keep it as a runner, without causing much disturbance in the film.“

The disclaimer sparked off a debate in October 2013 when Woody Allen refused to release his film Blue Jasmine because of this disclaimer. He stated that the 'attention goes straight to the printed words, distracting the audience from absorbing the scene in its entirety'.

During the release of Ugly, Anurag Kashyap too, had raised objection to incorporating the `No Smoking' disclaimer in the climax scene. In an interview to BT, he had said, “A disclaimer like that kills the mood and experience of the film. It's so unfair and unreasonable. The government that wants to deal with the problem of smoking must ban the tobacco industry. They want the revenue and hence, they won't ban the industry. Why must the filmmakers carry the pain of everything?“
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Sobhana K Nair (MUMBAI MIRROR; August 1, 2016)

With a long-standing demand of filmmakers in mind, the Shyam Benegal Committee presented a fresh set of recommendations. The Committee which was instituted to overhaul the Censor Board of Film Certification (CBFC) has urged that the anti-smoking disclaimers be dropped. Currently, an anti-smoking short is screened at the beginning of the film and during the interval. Also, every time a character lights up, an anti-smoking disclaimer scroll runs on the screen.

Last year, the Film and Television Producers Guild of India had requested the government to relook into these anti-smoking inserts as the warnings disturb the smooth viewing of films. The Benegal Committee has now recommended a meaningful static disclaimer at the beginning of the film, with a standard visual background approved by the Ministry of Health shown for a minimum period along with an audio backing it. “This should be made in all Indian languages and made applicable to all media platforms. However, periodicity of scenes depicting smoking should be avoided keeping in view the legislation in this regard,“ states the recommendation, adding that the film industry should produce small films on anti-tobacco smoking with popular actors on their own for screening in cinema halls and on TV channels after obtaining clearance from the Minister of Health and Family Welfare.

The committee has also suggested that the time required for getting clearance for use of animals in a film should be cut down. Presently, filmmakers need a 'No Objection Certificate' from the Animal Welfare Board of India if any performing animal is used. The committee has recommended that instead there should be “licensed suppliers of performing animals“ who are qualified in handling various animals and taking care of them as per law, whose services can be hired by the producers, a facilitation available internationally.

The committee has also pointed out that instead of going though the Animal Welfare Board, the certificates should be handed over by “certified (approved) personnel“ of the Board, including veterinary personnel on the list of AWBI in different parts of the country who would be present at the time of shooting the performing animal scenes. Based on their reports, the Board could issue NOC. “These are the committee's recommendations and the ministry will take a call based on the feedback it gets,“ said a senior ministry official.