Cabinet approves proposal of Ministry of Information & Broadcasting for introducing Cinematograph Amendment Bill, 2023
The proposed amendments would make the certification process more effective, in tune with the present times, and will comprehensively curb the menace of film piracy, thus helping in faster growth of the film industry and boosting job creation in the sector.
The Union Cabinet on Tuesday 'approved the proposal' of the Ministry of Information and Broadcasting for introducing the Cinematograph Amendment Bill, 2023 to amend the Cinematograph Act, 1952.
The bill aims to comprehensively address the issues relating to film certification. It essentially addresses the following three issues:
- It attempts to address the issue of unauthorized recording and exhibition of films and the menace of film piracy by the transmission of unauthorized copies on the internet.
- It attempts to improve the procedure for certification of films for public exhibition by the Central Board of Film Certification, as well as it aims to improve categorizations of the certifications of the films.
- It attempts to harmonize the law with extant executive orders, Supreme Court judgments, and other relevant legislations.
The amendments incorporated in the Cinematograph (Amendment) Bill, 2023 provide for:
i. Provisions to Check Unauthorized Recording and Exhibition of Films Amounting to Piracy
Strict penal provisions have been added to the Bill to stop film piracy by way of camcording in theatres and to forbid unauthorized transmission and exhibition of a pirated copy of any film. The Bill's more detailed and stringent anti-piracy provisions would go a long way towards effectively combating the menace of piracy in the film industry. It will enable the government to block websites from transmitting unauthorized copies.
ii. Age-Based Certification
Introduction of age-based certification categories by dividing the current UA category into three age-based categories, namely seven years (UA 7+), thirteen years (UA 13+), and sixteen years (UA 16+), in place of the previous twelve years. These age-based markers would only be advisory; it would be up to the parents or guardians to decide whether or not to allow their kids to watch the movie.
iii. Aligning with the Supreme Court Judgments
Omission of the Central Government's Revisional Powers in accordance with the Supreme Court's ruling in the case of K.M. Shankarappa v. Union of India (2001) to ensure that the Act complies with the Constitution.
iv. Perpetual Validity of Certificate
Removal of the restriction in the Act on the validity of certificates for only 10 years for perpetual validity of certificates of Central Board of Film Certification (CBFC).
v. Change of Category of Film for Television
Recertification of the edited film for Television broadcast, as only Unrestricted Public Exhibition category films can be shown on television.
vi. Reference to Jammu and Kashmir
The Jammu and Kashmir Reorganisation Act, 2019, has repealed all special provisions in central laws relating to the applicability of those laws in Jammu and Kashmir, so references to the former State of Jammu and Kashmir have been removed from the Act.
“The proposed amendments would make the certification process more effective, in tune with the present times, and comprehensively curb the menace film piracy, and thus help in faster growth of the film industry and boost job creation in the sector”, the press release issued by the ministry stated.
The Cinematograph (Amendment) Bill, 2019 was introduced in the Rajya Sabha on February 12, 2019, with the approval of the Cabinet. It proposed changes relating only to the issue of film piracy through cam-cording in film halls. The 2019 Bill was referred to the Standing Committee on Information Technology, which presented its report on March 16, 2020.
“In the recommendations made by the Standing Committee on Information Technology, it emerged that not only the piracy issue needed to be tackled more comprehensively but there was a need to improve the effectiveness of the certification process. Accordingly, a revised Cinematograph (Amendment) Bill, 2021 was prepared. Subsequently, the Cinematograph (Amendment) Bill, 2023 was casted after seeking public comments followed by several rounds of stakeholder consultations with the film industry”, the press release read.