The Cinematograph (Amendment) Bill 2023

What’s in today’s article?

• Why in News?
• About the Cinematograph (Amendment) Bill 2023
• Salient Provisions of the Cinematograph (Amendment) Bill 2023
• Significance of the Bill
• Concerns Regarding the Bill

Why in 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.

About the 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:

• 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+. 
• 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.
• 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.
• 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.   

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Significance of the Bill:

• The proposed amendments would make the certification process more effective, in tune with the present times.
• It will comprehensively curb the menace of film piracy, and thus help in faster growth of the film industry and boost job creation in the sector.

Concerns Regarding the Bill:

• Content on OTT platforms not covered: What if an uncensored film is put on OTT.
• The age-based categories are self-regulatory: It lays the responsibility on the society (parents and guardians) to decide whether the content is suitable for viewing for a certain age group.

Q) What is the Central Board of Film Certification (CBFC)?

CBFC is a statutory film-certification body in the Ministry of Information and Broadcasting of the Government of India. It is tasked with regulating the public exhibition of films under the provisions of the Cinematograph Act 1952.

Q) Why was the Shyam Benegal Committee constituted?

The Shyam Benegal Committee was set up in 2017 under the Chairmanship of filmmaker Shyam Bengal to lay down a holistic framework for certification of films and to incorporate the best practices while filming the content.

Source: Rajya Sabha passes Cinematograph Amendment Bill, 2023 aimed at curbing film piracy