Cinematograph (Amendment) Bill, 2023

Context: The Lok Sabha has passed the Cinematograph (Amendment) Bill, 2023 after it was approved by Rajya Sabha on July 27.

About the Cinematograph (Amendment) Bill, 2023

• The Bill introduces stringent anti-piracy provisions, expanding the scope of the law from censorship to also cover copyright.  
• The Bill amends the Cinematograph Act, 1952 which constitutes the Board of Film Certification for certifying films for exhibition.

Key Features of the Bill 

• Anti-Piracy Provisions: The landmark bill aims to comprehensively curb the menace of ‘Piracy’ causing losses of Rs 20,000 Crores to the film industry.
  • The Bill attempts to address the issue of unauthorized recording and exhibition of films and curb the menace of film piracy by transmission of unauthorized copies on the internet.
  • The provisions include strict punishment of minimum 3 months imprisonment and fine of Rs. 3 lakhs which can be extended up to 3 years imprisonment and fine upto 5% of the audited gross production cost.
• Revisional Powers of Central Government: Revisional powers of the central government with respect to films have been removed as per judgment of Supreme Court in the case of K.M. Shankarappa vs Union of India (2000).
• Validity of Certificates: Provisions in the Act that allowed validity of certificates of Central Board of Film Certification (CBFC) to remain for 10 years, have now been modified for perpetuity. 
• Additional Certificate Categories: The Bill also introduces three age ratings for films requiring adult supervision. This new classification system aligns with the graded-age classifications implemented for streaming platforms under the IT Rules, 2021 and Shyam Benegal Committee recommendations (2017).
  • U/A 7+: Films suitable for children above the age of 7 with parental guidance.
  • U/A 13+: Films suitable for children above the age of 13 with parental guidance.
  • U/A 16+: Films suitable for children above the age of 16 with parental guidance.
•  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.
• Copyright Issues:  The new clauses added to the bill aim to align the Cinematograph Act with existing laws that indirectly tackle piracy, such as the Copyright Act, 1957, and the Information Technology Act (IT), 2000.

Significance of the Bill

• The empowerment of the Indian film industry with ease of doing business and its protection from the menace of privacy, will aid the growth of the content creation ecosystem in India.
• It will also help safeguard the interests of all artists and artisans working in the sector.
• The proposed amendments would make the certification process more effective, in tune with the present times.

Sharing is caring!