The Rajya Sabha recently passed the Cinematograph (Amendment) Bill, 2023, in an effort to combat film piracy and reform the process of movie certification. The amended bill aims to address the issue of unauthorized recording and exhibition of films, which has been causing significant financial losses to the film industry.
One of the key provisions of the bill involves cracking down on film piracy. Those involved in the production of pirated copies of movies could now face severe penalties, including a three-year jail term and a fine of up to 5% of the movie’s production cost. This strict measure is expected to act as a deterrent against the illegal reproduction and distribution of copyrighted content.
The bill also brings about notable changes in the movie certification process carried out by the Central Board of Film Certification (CBFC). Under the amended bill, three certifications—UA 7+, UA 13+, and UA 16+—have been introduced under the ‘UA’ category. This means that movies with these certifications can be viewed by children below the specified age limits with parental guidance, providing a more nuanced approach to content regulation.
Furthermore, the CBFC has been granted the authority to issue separate certificates for the exhibition of a film on television or other media platforms. This provision aims to streamline the licensing process for public exhibition of films while ensuring that their content is appropriately classified based on its platform of distribution.
The amendment to the Cinematograph Act of 1952 was necessitated by the need to align the law with various executive orders, Supreme Court judgments, and other legislations. It also addresses the film industry’s longstanding demand for effective measures against piracy and to protect their creative works from unauthorized exploitation.
The journey of the Cinematograph (Amendment) Bill began with the introduction of the 2019 version, which primarily focused on piracy issues. After receiving recommendations from the Standing Committee on Information Technology, the revised Cinematograph (Amendment) Bill, 2021 was introduced, seeking public feedback. In 2022, consultations were conducted with industry stakeholders to further refine the bill, leading to the development of the 2023 version.
An interesting aspect of the 2023 Bill is the omission of the special reference to Jammu & Kashmir in the Act. With the enactment of the Jammu & Kashmir Reorganisation Act in 2019, all special provisions in central laws relating to the former state have become obsolete.
The Cable Television Networks (Regulation) Act of 1995 stipulates that only UA-category films can be shown on TV. The new Bill allows for a change in the category of a film from A (adult) or S (specialized groups) to UA after making suitable alterations. The certificate issued by the CBFC will now remain valid perpetually. Additionally, the bill prohibits the recording or assistance in recording any film being exhibited in a cinema theater using audio-visual devices.
In conclusion, the passing of the Cinematograph (Amendment) Bill, 2023 by the Rajya Sabha signifies a significant step in the fight against film piracy and the introduction of reforms in movie certification. The bill’s provisions aim to deter piracy and create a more nuanced approach to content regulation. This move has been widely welcomed by the film industry and is expected to have a positive impact on protecting creative works and ensuring a fair and legal film industry.
