Cinematograph Amendment Bill 2023: The Rajya Sabha has cleared the Cinematograph (Amendment) Bill, 2023 to curb the menace of film piracy, revamp age-based certification given by the Central Board of Film Certification (CBFC) as well as uniformity in the categorisation of films and content across platforms. The Bill which was tabled in Rajya Sabha last week by Union Information and Broadcasting Minister Anurag Thakur seeks to make amendments to the Cinematograph Act, 1952.
Cinematograph Amendment Bill: Features
Speaking on the Bill, Anurag Thakur said the Bill has been brought to get relief from the loss of Rs 20,000 crore to piracy.
"Piracy is like cancer and we are trying to uproot it through this Bill," Thakur said in support of the Bill, which has provisions to curb transmission of pirated film content on the internet as well as to classify films on the basis of age group, instead of the current practice of 'U', 'A', and 'UA'.
The Cinematograph (Amendment) Bill 2023 was passed in the Rajya Sabha with a voice vote in the absence of opposition parties who had earlier staged a walkout. "U" is for unrestricted public exhibition and "A" is restricted to adult audiences, while "UA" is for unrestricted public exhibition subject to parental guidance for children below the age of 12 and "S" for special category audiences such as doctors and scientists. The amendments will address the issue of unauthorised recording and exhibition of films.
The Cinematograph (Amendment) Bill, 2023 was introduced in Rajya Sabha on July 20. The draft Act constitutes the Board of Film Certification for certifying films for exhibition. Such certifications may be subject to modifications and deletions. The Board may also refuse the exhibition of films. The Bill adds certain additional certificate categories based on age.
Revamp of UA category
Under the Act, the film may be certified for exhibition without restriction (‘U’); without restriction, but subject to the 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 UA 7+, UA 13+, or UA 16+. The age endorsement within the UA category by the Board will inform guidance of parents or guardians, and will not be enforceable by any other persons other than parents or guardians.
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. The Bill prohibits carrying out or abetting the unauthorised recording and unauthorised exhibition of films. Attempting an unauthorised recording will also be an offence.
Cinematograph Amendment Bill: Punishment for Piracy
The offences will be punishable with imprisonment between three months and three years, and a fine between three lakh rupees and 5 per cent of the audited gross production cost. Under the Act, the certificate issued by the Board is valid for 10 years. The Bill provides that the certificates will be perpetually valid. 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 conformance with the order. The Bill removes this power of the central government.
Thakur said, "We don’t know the exact amount generated by pirates/piracy agencies, but it’s evident that the real talent gets affected by it. To take action on such laws, this Bill will impose Rs. 3 lakh fine on anyone involved in such activities. The government has decriminalised a lot of things, but under this Bill, anyone who is involved in piracy will be given a 3-year imprisonment sentence."
(With Inputs from ANI)
