CINEMATOGRAPHY BILL – POLITY

News: Rajya Sabha passes Cinematograph Amendment Bill, 2023 aimed at curbing film piracy

 

What's in the news?

       The Rajya Sabha passed the Cinematograph (Amendment) Bill 2023 that introduces stringent anti-piracy provisions, expanding the scope of the law from censorship to also cover copyright.

 

Cinematograph (Amendment) Bill 2023:

       The Bill (introduced by the Ministry of I&B) seeks to amend the Cinematograph Act 1952, which authorises the Central Board of Film Certification (CBFC) to require cuts in films and clear them for exhibition in cinemas and on television.

       The Board may also refuse the exhibition of a film.

 

Salient Provisions of the Cinematograph (Amendment) Bill 2023:

1. Additional certificate categories: The Bill adds certain additional certificate categories based on age.

       Under the Act, film may be certified for exhibition:

       without restriction (‘U’)

       without restriction, but subject to guidance of parents or guardians for children below 12 years of age (‘UA’)

       only to adults (‘A’), or

       only to members of any profession or class of persons (‘S’). 

       The Bill substitutes the UA category with the following three categories to also indicate age-appropriateness [in line with the Shyam Benegal committee (2017)]: UA 7+, UA 13+ or UA 16+.

2. Separate certificate for television/other media:

       Films with an ‘A’ or ‘S’ certificate will require a separate certificate for exhibition on television, or any other media prescribed by the central government.

       The Board may direct the applicant to carry appropriate deletions or modifications for the separate certificate.

3. Unauthorised recording and exhibition to be punishable:

       The Bill prohibits carrying out or abetting - the unauthorised recording and unauthorised exhibition of films - in order to stop piracy.

       Certain exemptions (use of copyrighted content without owner’s authorisation in case of reporting of current affairs, etc) under the Copyright Act 1957 will also apply to the above offences.

       The above offences will be punishable with: imprisonment between 3 months and 3 years, and a fine between 3 lakh rupees and 5% of the audited gross production cost.

       Certificates to be always valid:  Under the Act, the certificate issued by the Board is valid for 10 years.  The Bill provides that the certificates will be perpetually/always valid.

4. Revisional powers of the central government:

       The Act empowers the central government to examine and make orders in relation to films that have been certified or are pending certification.

       The Board is required to dispose of matters in conformity to the order.

       The Bill removes this power of the central government.  

 

Concerns:

       Content on OTT platforms not covered.

       The age-based categories are self-regulatory - lays the responsibility on the society (parents and guardians) to decide whether the content is suitable for viewing for a certain age group.