Thankfully, where we stand on a different footing from Nazi Germany is that in India, any film that qualifies as hate speech, far from having legal protection, is criminalised under our laws and resort can be taken to the judicial system to protect the rights of the targeted individuals/groups by banning the film and even initiating criminal prosecution against the filmmakers. In our constitutional framework, unlike countries like the US, the freedom of expression is not absolute and is subject to well-defined restrictions that can be imposed on the grounds of sovereignty, security and integrity of India, its friendly relations with foreign states, public order, decency or morality, contempt of court, defamation and incitement to an offence. In defining the contours of the freedom of expression in relation to films, the Supreme Court, in the case of producer K. A. Abbas in 1971, had held that the treatment of films must be different from other forms of art because of the instant appeal of films, their versatility and realism. “The motion picture is able to stir up emotions more deeply than any other product of art,” the apex court acknowledged. The Ministry of Information and Broadcasting issued a notification in 1991 under the Cinematograph Act, 1952, prescribing the standards to be adhered to by the Central Board for Film Certification (CBFC) while certifying films for public exhibition. The directive casts a positive obligation on the filmmaker to be ‘responsible’ and ‘sensitive’ to the values and standards of society, and a duty on the CBFC to ensure that films contemptuous of racial, religious or other groups, or which promote communal attitudes, endanger public order, defame individuals or groups or that desensitise or dehumanise people are not shown. In doing so, the CBFC is directed to look at a film in its entirety from the point of view of its overall impact.