The Cinematograph (Amendment) Bill, 2023 has recently been passed by the Lok Sabha and Rajya Sabha. This bill seeks to expand the scope of the original Cinematograph Act of 1952, from primarily focusing on censorship, to incorporating more stringent anti-piracy provisions, and expanding copyright protection. This is designed to safeguard the intellectual property rights of filmmakers and content creators.
Proposed Provisions of the Cinematograph (Amendment) Bill, 2023
The proposed provisions cover areas such as anti-piracy measures, expansion of copyright coverage, government powers over the Central Board of Film Certification (CBFC), new age ratings for films, and recertification for different media platforms.
The anti-piracy provisions aim to deter film piracy by imposing strict penalties on those involved in unauthorized recording and distribution of copyrighted content. Those found guilty could face imprisonment ranging from 3 months to 3 years, along with a monetary fine ranging from Rs. 3 lakhs to 5% of the audited gross production cost.
The bill seeks to extend copyright protection, as per the evolving landscape of film distribution. Furthermore, it emphasizes the CBFC’s autonomy, limiting government interference in its decisions.
New Age Ratings and Recertification
A new age rating system has been introduced, splitting the existing U/A rating into three distinct categories. These include U/A 7+, U/A 13+, and U/A 16+, each requiring parental guidance for children above the ages of 7, 13, and 16 respectively.
The amendment formalizes the practice of making voluntary cuts to adult-rated films and seeking re-certification from the CBFC for a U/A rating, allowing films to be recertified for television and “other media.”
Removal of Certificate Validity Limits
The Cinematograph (Amendment) Bill, 2023 also removes the 10-year validity restriction on CBFC certificates, effectively granting them perpetual validity.
Cinematograph Act of 1952
The original Cinematograph Act, 1952 was enacted to ensure the exhibition of films within the limits of tolerance of Indian society. It provides guidelines for certifying films based on several factors such as the interest of sovereignty and integrity of India, friendly relations with foreign states, public order, and decency or morality.
Section 3 of the Act established the CBFC, a statutory body under the Ministry of Information and Broadcasting, that regulates public film exhibitions. It also allows for the formation of an Appellate Tribunal to hear appeals against the Board’s decisions.