Cinematograph (Amendment) Bill, 2023

• 01 Aug 2023

For Prelims: Intellectual property rights, Central Board of Film Certification, Cinematograph Act, 1952, Shyam Benegal Committee, IT Rules 2021.

For Mains: Required Modification in Cinematograph Act of 1952

Source: TH

Why in News?

Recently, the Lok Sabha and Rajya Sabha passed the Cinematograph (Amendment) Bill, 2023. The bill expands the scope of the law from censorship to also cover copyright and introduces stringent anti-piracy provisions.

• The bill aims to amend the existing Cinematograph Act of 1952.

What are the Proposed Provisions in Cinematograph (Amendment) Bill, 2023?

• Anti-Piracy Provisions: The bill aims to deter piracy of films by imposing strict penalties on individuals involved in unauthorized audio-visual recording and distribution of copyrighted content. The provisions include:
  • Jail Term: Imprisonment from 3 months to 3 years.
  • Fine: From Rs. 3 lakhs to 5% of the audited gross production cost.
• Expansion of Copyright Coverage: It aims to extend the coverage of the Cinematograph Act, 1952, which was primarily focused on censorship, to now encompass copyright protection.
  • This move aligns with the evolving landscape of film distribution and aims to safeguard the intellectual property rights of filmmakers and content creators.
• Government's Limited Powers over CBFC: It emphasizes the autonomy of the Central Board of Film Certification (CBFC).
  • The Government may no longer have revisional powers over the CBFC's decisions, based on the Supreme Court's judgment in the case of K.M. Shankarappa vs Union of India (2000).
• Age Ratings: The amendment bill introduces a new age rating system for films that require adult supervision. The current U/A rating, which covers a broad age range, will be split into three distinct categories:
  • U/A 7+: Films suitable for children above the age of 7 with parental guidance.
  • U/A 13+: Films suitable for children above the age of 13 with parental guidance.
  • U/A 16+: Films suitable for children above the age of 16 with parental guidance.
  • This new classification system aligns with the graded-age classifications implemented for streaming platforms under the IT Rules, 2021 and Shyam Benegal Committee recommendations (2017).
• Recertification for TV and Other Media: Historically, films rated for adults have been prohibited on television since a 2004 Bombay High Court order.
  • As a result, broadcasters often voluntarily make cuts to films and seek re-certification from the CBFC for a U/A rating.
    • The bill formalizes this practice, allowing films to be recertified for television and "other media."
• Perpetual Validity of Certificates: The Act has been amended to remove the 10-year validity restriction on CBFC certificates, thereby granting them perpetual validity.

What is the Cinematograph Act of 1952?

• The Cinematograph Act, 1952 was enacted by the Parliament to ensure that films are exhibited in accordance with the limits of tolerance of Indian society.
  • It lays down the principles of guidance for certifying films, such as the interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court.
• Section 3 of the Act provides for the establishment of Central Board of Film Certification (CBFC, popularly known as the censor board).
  • CBFC is a statutory body under the Ministry of Information and Broadcasting, that regulates the public exhibition of films under the provisions of the Cinematograph Act 1952.
• It also provides for the constitution of an Appellate Tribunal to hear appeals against the decisions of the Board.