The Cinematograph (Amendment) Bill 2023, recently passed by the Rajya Sabha, marks a significant step towards modernizing the film certification process in India. The bill, introduced by the Ministry of Information and Broadcasting (I&B), not only expands the scope of the law from censorship to copyright but also introduces stringent anti-piracy provisions. This move aims to curb film piracy, promote responsible content viewing, and foster the growth of the film industry.
Additional Certificate Categories
The Bill introduces certain additional certificate categories based on age, aiming to indicate age-appropriateness of films. The existing ‘UA’ (Unrestricted Public Exhibition – Advisory for children below 12 years) category is replaced with three new categories: ‘UA 7+’, ‘UA 13+’, and ‘UA 16+’, as recommended by the Shyam Benegal committee (2017). This change will empower viewers, especially parents and guardians, to make informed decisions about the suitability of a film for different age groups.
Separate Certificate for Television and Other Media
To further safeguard against unauthorized content dissemination, films with an ‘A’ (Adults Only) or ‘S’ (Special) certificate will now require a separate certification for exhibition on television or any other media platform authorized by the central government. The Central Board of Film Certification (CBFC) may also direct applicants to make appropriate modifications for this separate certification. This provision will help maintain stricter control over sensitive content and prevent its misuse on various platforms.
Combatting Film Piracy
The Bill addresses the pressing issue of film piracy, which has been plaguing the Indian film industry for years. It explicitly prohibits unauthorized recording and exhibition of films, and anyone found carrying out or abetting such activities will face severe penalties. The offenses will be punishable with imprisonment between 3 months and 3 years, along with a fine ranging from 3 lakh rupees to 5% of the audited gross production cost. These strict measures aim to deter potential offenders and protect the intellectual property rights of filmmakers and content creators.
Perpetual Validity of Certificates
Under the existing Cinematograph Act 1952, film certificates issued by the CBFC were valid for ten years. However, the Bill seeks to make certificates perpetually valid. This means that filmmakers won’t need to seek recertification for their films after ten years, reducing administrative burden and streamlining the certification process.
Revisional Powers of the Central Government
The Cinematograph Act 1952 granted the central government the authority to examine and issue orders in relation to certified or pending certification films. However, the Bill removes this power, providing greater autonomy to the CBFC in matters of film certification. This move is expected to expedite the certification process and ensure a more efficient working mechanism.
Significance of the Bill
The Cinematograph (Amendment) Bill 2023 holds immense significance for the Indian film industry. By introducing age-based categories and stricter anti-piracy measures, the bill adapts the certification process to the changing times, catering to diverse audiences and safeguarding their interests. The legislation is expected to curb film piracy significantly, providing a conducive environment for filmmakers to thrive and create diverse and meaningful content. As a result, it is likely to boost job creation and economic growth in the film sector.
Concerns Regarding the Bill
While the bill is a step in the right direction, some concerns have been raised by stakeholders. One such concern is the exclusion of content on Over-the-Top (OTT) platforms from the purview of the certification process. Uncensored films on OTT platforms may raise questions about content appropriateness and may require separate guidelines or regulations to ensure responsible content creation and distribution.
Additionally, critics argue that the age-based certification relies heavily on self-regulation by parents and guardians, which might not always be effective in controlling what children watch. There is a need for greater awareness campaigns and educational initiatives to promote responsible viewing habits among parents and guardians.
