India must put in place a set of guidelines for content creators to follow when it comes to the depiction of military insignia
As 2020 draws to a close, it is quite clear that this was the year of over-the-top (OTT) entertainment platforms. The COVID-19 pandemic and subsequent lockdowns forced people to stay indoors and stream content on their phones, tablets and smart televisions (TVs). But, as is normal, such dizzying success was accompanied by hurdles, too. One of the objections was over the depiction of military insignia and personnel on OTT shows. While the Armed Forces have often been depicted in Indian films and on TV shows, in recent times some of these portrayals have led to a backlash from a few quarters. This month, the Indian Air Force (IAF) objected to the trailor of a Netflix film. Though the movie itself is unrelated to the security forces, the promotion material included a clip of veteran Bollywood actor Anil Kapoor, dressed in an IAF uniform, using a string of expletives. The IAF’s official Twitter handle pointed out that the uniform was “inaccurately donned” and that “the language used is inappropriate.”
Earlier in June, AltBalaji was panned for an episode of its show ‘XXX’ where an Army officer’s wife is shown to be having an extramarital affair, with her lover donning her husband’s uniform in a steamy scene. A YouTuber filed a police complaint and hashtags like #AltBalajiInsultsArmy did the rounds on social media, while several veterans expressed their objection to the show. Perhaps it was this popular sentiment that prompted the Ministry of Defence to declare that web series and film content based on the Indian Armed Forces should be released only after a No Objection Certificate (NOC) is obtained from the Government. It is understandable why the Armed Forces and some retired personnel would be incensed by such content. In their eyes, it damages the public perception of the institution, which is something that most of them take great pride in. However, the bigger question this controversy has thrown up is this: Should the precious time and energy of the Defence Ministry and the Armed Forces, entrusted with the daunting task of protecting the country, be spent on relatively minor issues like these? Instead, isn’t it time that India put in place a set of guidelines for content creators to follow when it comes to the depiction of military insignia?
Such a move would be beneficial on three counts. First, content creators would become more sensitive to the need to uphold the honour and prestige of the military and calibrate their artistic freedom accordingly. Often, mistakes in portrayal are not products of malice but simple ignorance of established protocol such as ranks, uniforms and so on. Second, the Army, the Navy and the IAF will not have to expend their energies on comparatively minor issues when India’s international borders require their urgent attention. Finally, it will insulate the military from the pressures of populist sentiment.
Worldwide, countries have put in place guidelines on how military insignia can be depicted on screen. Clause 772F of the Title 10 US Code, says that, “While portraying a member of the Army, Navy, Air Force, or the Marine Corps, an actor in a theatrical or motion picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed forces.” In Germany, displaying symbols of Nazi rule such as the swastika and the runic insignia of the Schutzstaffel, a paramilitary organisation, is a crime that comes with a three-year prison term. However, Section 86 of the German Criminal Code does allow these to be used to “promote the arts or science, research or teaching, reporting about current or historical events or similar purposes.”
A feature common to both, the German and American guidelines is their broad character. Neither of them list precise rules that content creators have to follow nor do they prescribe things they can or cannot show on screen. As a result, these guidelines allow creators to push the boundaries of artistic expression while, at the same time, being sensitive to public sentiment. It is important to balance between institutional pride and constitutional rights that allow free expression within the bounds of the Constitution.
In India, the lack of similar guidelines or protocols means that the Armed Forces and content creators have no common standard to evaluate content by, leading to unpredictability where creators cannot be certain where their creative freedom ends. This is by no means uniquely a product of the OTT era either. Back in 2006, the IAF had objected to certain scenes in the coming-of-age movie ‘Rang De Basanti’, despite the Central Board of Film Certification (CBFC) clearing it for release. A prolonged deadlock ensued during which both sides stuck to their demands and the film’s release was delayed. The impasse broke only after Pranab Mukherjee, the then Defence Minister, saw the film. ‘Rang De Basanti’ went on to become a major hit, an iconic film for the Indian youth and the incident is long forgotten. However, the moral of that story is still relevant: The Government of India and the Armed Forces are meant to defend the country and not to involve themselves in the business of content creation. Broad guidelines that balance artistic freedom and the sentiments of the military will ensure just that.
(The writer is an Associate at Koan Advisory, New Delhi. The views expressed are personal.)