The Draft Cinematograph (Amendment) Bill 2021 has been introduced with the intention to modify the existing framework related to film certification and piracy in India. This bill proposes several significant changes to the Cinematograph Act of 1952, which governs the censorship and classification of films within the country.
Revisionary Powers of the Central Government
One of the most notable provisions of the Draft Cinematograph (Amendment) Bill 2021 is the granting of revisionary powers to the Central Government, specifically over the decisions made by the Central Board of Film Certification (CBFC). This would empower the government to re-examine a film’s certification if it receives complaints alleging violation of Section 5B(1) of the original act, which outlines the principles for guidance in certifying films. This effectively means that even after a film has been cleared by the CBFC, it could still face scrutiny and possible censorship if the government deems it necessary.
Stricter Penalties for Film Piracy
The Draft Bill also introduces stringent measures against film piracy, acknowledging the substantial financial losses incurred by the film industry due to this rampant issue. Under the proposed amendments, individuals found guilty of unauthorized recording and distribution of films could face imprisonment ranging from three months to three years. Additionally, offenders may also be subject to fines starting at Rs.3 lakh, which could extend up to 55 per cent of the audited gross production cost of the pirated film. These penalties are intended to serve as a deterrent to piracy and protect the intellectual property rights of filmmakers.
Introduction of Age-Based Certifications
Another important aspect of the Draft Bill is the introduction of age-based film certifications. This system aims to categorize films based on their suitability for various age groups, thereby providing clearer guidance to audiences and parents about the content and themes present in a movie. The proposal aligns with global practices where films are rated to indicate the appropriate viewer age, such as ‘U’ for unrestricted public exhibition, and ‘A’ for adult audiences only. Additional age categories might include ratings for children and adolescents, further refining the certification process.
Criticism of Increased Censorship Powers
Despite these proposed changes, the Draft Cinematograph (Amendment) Bill 2021 has faced criticism from various quarters, including filmmakers, industry experts, and free speech advocates. The central point of contention is the perceived expansion of the government’s censorship powers through the bill. Critics argue that the revisionary powers could undermine the autonomy of the CBFC and infringe on creative freedom by allowing the government to exert greater control over film content. This has raised concerns about the potential for increased political and ideological influence on cinema, as well as the impact on the right to freedom of expression as guaranteed by the Indian Constitution.
The Draft Cinematograph (Amendment) Bill 2021 represents a significant shift in the regulatory landscape of the Indian film industry. While it aims to address contemporary challenges such as film piracy and provide a more structured certification process, the proposed legislation has sparked a debate about the balance between protecting creative expression and ensuring cultural and social sensibilities are respected. As the bill progresses through the legislative process, its final form and the extent of its impact on the Indian film industry remain to be seen.
Last Modified: February 18, 2024