India: The Film Certification Tribunal's Demise

India’s two Houses of Parliament, the Lok Sabha and the Rajya Sabha, passed the Tribunals Reforms Bill, 2021 Aug. 2 and Aug. 9, respectively. They did so amid solid opposition to the lack of discussion on the merits of the bill. The bill seeks to eliminate eight appellate tribunals, including the Film Certification Appellate Tribunal (FCAT).

The Finance Minister of India, while explaining the purpose of the Bill in Parliament, reasoned that the government wanted to reduce many tribunals by merging those with similar functions.

What is a Tribunal?
Tribunals are judicial or quasi-judicial institutions created to provide speedy adjudication of disputes than traditional courts while also providing subject expertise on specific issues.

Why was the bill introduced?
There are currently 19 functional tribunals in India. The bill states that holding tribunals in several sectors has not always led to speedier justice. This finding is based on the analysis of the past three years’ data, showing that frequent tribunals add to the exchequer’s expense.

The bill, therefore, seeks to do away with certain appellate bodies and turn over those functions to the existing judicial bodies. It received Presidential assent Aug. 13 2021 and became the Tribunals Reforms Act, 2021.

Appellate bodies affected by the bill
This bill details amendments to the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trademarks Act, 1999, and the Protection of Plant Varieties Farmers’ Rights Act, 2001. In this process, all Tribunals handling the appellate functions for these Acts will be abolished and their functions transferred.

Film Certification Appellate Tribunal (FCAT)
The Film Certification Appellate Tribunal (FCAT) was a statutory body formulated by the Ministry of Information & Broadcasting in 1983, under the Cinematograph Act, 1952. Its primary function was to hear and decide on appeals by filmmakers not satisfied with the decision of the Central Board of Film Certification (CBFC) – the film certification body responsible for certifying and regulating the public exhibition of films in the country.

For theatrical release, television broadcast, or any public exhibition in India, films must carry a CBFC certification. CBFC comprises 23 members and a chairman, all appointed by India’s government.

There are several instances where movies denied a certificate by the CBFC (for various reasons) were allowed for release after appeals to the FCAT. The 2018 film “Kaalakandi” was ordered a total of 72 cuts by the CBFC, mainly for the number of profanities. However, on appeal to the FCAT, the film was certified ‘U/A,’ which translates to unrestricted public exhibition subject to parental guidance for children below the age of 12 and allowed for release with only one cut.

The CBFC refused the film “Lipstick Under My Burkha” in 2016 certification for including bold themes on women’s sexuality. Appealing to the FCAT resulted in the movie being released with some cuts and an ‘A’ certificate for an adult audience.

The 2015 film “Haraamkhor,” which portrays the romantic relationship between a male teacher and a young female student, was denied certification by the CBFC for being too provocative. Again, the FCAT overturned the decision and allowed the film to release, reasoning that it warned all impressionable children to be conscious of their rights.

Abolishment of the Film Certification Appellate Tribunal (FCAT)
The Tribunals Reforms Bill, 2021, abolishes the FCAT, which means filmmakers dissatisfied with the CBFC’s decisions will need to approach the High Court to file their grievances.

Filmmakers are concerned that approaching the courts will be an expensive, drawn-out affair, and many cannot afford the cost. It is also worth noting that the High Court judges may not have the time to watch disputed films at length nor the expertise to recheck a film thoroughly 

in the manner the FCAT would before arriving at a decision.

The vast number of pending cases before the Courts means that filmmakers could bear considerable potential monetary losses should the film’s release be postponed due to a delay in the court’s petition hearing. Conversely, the FCAT settled approximately 20 cases each month, a figure that would be challenging for the Courts to match.

Filmmakers think twice about pushing the boundaries of creativity in their works for fear of disagreement or controversy with the CBFC.

Conclusion
Films have a profound impact on our lives. Besides providing great entertainment, they help us better understand ourselves and expand our knowledge about societies and cultures worldwide. Films are used as a medium for change and evolution to create a more tolerant world of differences.

Thus, artistic freedom of expression must be maintained at all costs. Abolishing the FCAT seems a step in the opposite direction, leaving filmmakers between a rock and a hard place.

Related Insights

The Global Rules of Content Are Changing

Across the past eight issues of Spherex’s weekly World M&E News newsletter, one theme has become undeniable: regulation, censorship, and compliance are rewriting the rules of global media. From AI policy to platform accountability, from creative freedom to cultural oversight, content creation is now inseparable from compliance.

1. Platforms Tighten Control Through Age and Safety Laws

U.S. states such as Wyoming and South Dakota have enacted age-verification laws that mirror strict internet safety rules already seen in the U.K., signaling a broader legislative trend toward restricting access to mature material.

At the same time, Saudi Arabia’s audiovisual regulator ordered Roblox to suspend chat functions and hire Arabic moderators to protect minors—an example of government-imposed moderation replacing voluntary compliance.

Elsewhere, Instagram’s PG-13 policy update illustrates how platforms are preemptively adapting before new government rules arrive.

2. Censorship Expands — Even as Its Methods Evolve

Censorship remains pervasive but increasingly localized. India’s Central Board of Film Certification demanded one minute, 55 seconds of cuts from They Call Him OG, removing what they considered violent imagery and nudity.

In China, the horror film Together was digitally altered so that a gay couple became straight using AI. Responding to Malaysia’s stricter limits on sexual or suggestive content, censors excised a “swimming pool” scene from Chainsaw Man – The Movie.

Israel’s culture minister threatened to pull funding from the Ophir national film awards after a Palestinian-themed film about a 12-year-old boy won best picture.

3. AI and Content Creation: Between Innovation and Oversight

AI remains both catalyst and controversy. Netflix announced new internal policies limiting how AI can be used in production to protect creative rights and data ownership.

OpenAI’s decision to allow adult content on ChatGPT under “freedom of expression” principles sparked industry debate about whether platforms or creators set the moral boundaries of AI. OpenAI’s CEO Sam Altman emphasized in a statement, the company is “not the moral police.”

Meanwhile, California passed the Digital Likeness Protection Act to combat unauthorized use of celebrity images in AI-generated ads.

4. Governments Target Global Platforms

The Indonesian government is advancing a sweeping plan to filter content on Netflix, YouTube, Disney+ Hotstar, and others using audience-specific content suitability metrics.

At the same time, the U.K. and EU are reexamining long-standing broadcast rules, with Sweden’s telecom authority proposing the deregulation of domestic broadcasting to encourage competition.

These diverging approaches—tightening in one market, loosening in another—underscore the growing fragmentation of global compliance standards.

5. Compliance as Competitive Advantage

The real shift is strategic: companies now see compliance as value creation, not red tape. As Spherex has argued in recent Substack articles, The Hidden Costs of Non-Compliance in Video Content Production and Why Content Differentiation Matters More Than Ever, studios and creators who anticipate regulatory complexity and make necessary edits on their terms while remaining true to their stories can reach more markets and larger audiences with fewer risks.

In other words, understanding compliance early has become the difference between limited release and global scale.

Conclusion

From new age-verification laws to AI disclosure acts and streaming filters, regulation now defines the boundaries of creativity. The next evolution of media will belong to those who can move fastest within those boundaries—leveraging compliance not as constraint but as clarity.

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Spherex Wins MarTech Breakthrough Award for Best AI-Powered Ad Targeting Solution

The annual MarTech Breakthrough Awards are conducted by MarTech Breakthrough, a leading market intelligence organization that recognizes the world’s most innovative marketing, sales, and advertising technology companies. 

This year’s program attracted over 4,000 nominations from across the globe, with winners representing the most innovative solutions in the industry. This year’s roster includes Adobe, HubSpot, Sprout Social, Cision, ZoomInfo, Optimizely, Sitecore, and other top technology leaders, alongside in-house martech innovations from companies such as Verizon and Capital One.

At the heart of this win is SpherexAI, our multimodal platform that powers contextual ad targeting at the scene level. By analyzing video content across visual, audio, dialogue, and emotional signals, SpherexAI enables advertisers to deliver messages at the most impactful moments. Combined with our Cultural Knowledge Graph, the platform ensures campaigns resonate authentically across more than 200 countries and territories while maintaining cultural sensitivity and brand safety.

“Spherex is leveraging its expertise in video compliance to help advertisers navigate the complexities of brand safety and monetization,” Teresa Phillips, CEO of Spherex, said in a statement. “SpherexAI is the only solution that blends scene-level intelligence with deep cultural and emotional insights, giving advertisers a powerful tool to ensure strategic ad placement and engagement.”

This recognition underscores Spherex’s commitment to building the next generation of AI solutions where cultural intelligence, relevance, and brand safety define success. The award also highlights the growing importance of cultural intelligence in global advertising. As audiences consume more content across borders and devices, brands need solutions that go beyond surface-level targeting to connect meaningfully with viewers. SpherexAI provides that bridge, empowering advertisers to scale campaigns that are not only effective but also contextually relevant and culturally respectful.

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YouTube Thumbnails Can Get You in Trouble

Here’s Why Creators Should Pay Attention

When we talk about content compliance on YouTube, most people think of the video content itself — what’s said, what’s shown, and how it’s edited. But there’s another part of the video that carries serious consequences if it violates YouTube policy: the thumbnail.

Thumbnails aren’t just visual hooks — they’re promos and they’re subject to the same content policies as videos. According to YouTube’s official guidelines, thumbnails that contain nudity, sexual content, violent imagery, misleading visuals, or vulgar language can be removed, age-restricted, or lead to a strike on your channel. Repeat offenses can even result in demonetization or channel termination. That’s a steep price to pay for what some may think of as a simple promotional image.

The Hidden Risk in a Single Frame

The challenge? The thumbnail is often selected from the video itself — either manually or auto-generated from a frame. Creators under tight deadlines or managing high-volume channels may not take the time to double-check every frame. They may let the platform choose it automatically. This is where things get risky.

A few seconds of unblurred nudity, a fleeting violent scene, or a misleading expression of shock might seem harmless in motion. But when captured as a still image, those same moments can trigger YouTube’s moderation systems — or worse, violate the platform’s Community Guidelines.

Let’s say your video includes a horror scene with simulated gore. It might pass YouTube’s rules with an age restriction. But if the thumbnail zooms in on a blood-splattered face, that thumbnail could be removed, and your channel could be penalized. Even thumbnails that are simply “too suggestive” or “misleading” can get flagged.

Misleading Thumbnails: Not Just Clickbait — a Violation

Another common mistake is using a thumbnail that implies something the video doesn’t deliver — for example, suggesting nudity, shocking violence, or sexually explicit content that never appears in the video. These aren’t just bad for audience trust; they’re a clear violation of YouTube’s thumbnail policy.

Even if your content is compliant, the wrong thumbnail can cause very real problems.

The Reality for Content Creators

It’s essential to recognize that YouTube’s thumbnail policy doesn’t exist in isolation. It intersects with other rules around child safety, nudity, vulgar language, violence, and more. A thumbnail with vulgar text, even if the video is educational or satirical, may still result in age restrictions or removal. A still frame with a suggestive pose, even if brief and unintended in the video itself, can be enough to get flagged.

And for creators monetizing their work, especially across multiple markets, the risk goes beyond visibility. A flagged thumbnail can reduce ad eligibility, limit reach, or cut off monetization entirely. Worse, a pattern of violations can threaten a channel’s long-term viability.

What’s a Creator to Do?

First, you need to know how to spot the problem and then know what to do about it. Second, you need to know if the changes you make might affect its acceptance in other markets or countries. Only then can you manually scrub through your video looking for risky frames. You can review policies and try to stay up to date on the nuances of what YouTube considers “gratifying” versus “educational” or “documentary.” But doing this at scale — especially for a growing content library — is overwhelming.  

That’s where a tool like SpherexAI can help.

A Smarter Way to Stay Compliant

SpherexAI uses frame-level and scene-level analysis to flag potential compliance issues — not just in your video, but in any frame that could be selected as a thumbnail. Using its patented knowledge graph, which includes every published regulatory and platform rule, it will prepare detailed and accurate edit decision lists that tell you not only what the problem is, but also for each of your target audiences. Whether you're publishing to a single audience or distributing globally, SpherexAI checks your content against YouTube’s policies and localized cultural standards.

For creators trying to grow their brand, monetize their work, and stay in good standing with platforms, that kind of precision can mean the difference between success and a takedown notice.

Want to know if your content is at risk? Learn how SpherexAI can help you protect your channel and optimize every frame — including the thumbnail. Contact us to learn more.

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