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.