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EXPLAINED | THE CINEMATOGRAPH (AMENDMENT) BILL’S PROPOSAL TO CHECK PIRACY OF
FILMS, REVAMP AGE-BASED CERTIFICATION
PREMIUM

WHAT ARE THE NEW AGE RATINGS PROPOSED FOR CLASSIFYING FILMS? WHAT ABOUT FILM
CERTIFICATION ON TELEVISION AND ONLINE PLATFORMS? WHAT ARE THE PROPOSED
ANTI-PIRACY MEASURES?

July 29, 2023 02:17 pm | Updated 04:38 pm IST

Sumeda

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The Bill seeks to amend the Cinematograph Act, 1952, which presently authorises
the Central Board of Film Certification to clear films for exhibition in
cinemas. (Image for representation) | Photo Credit: Getty Images/IStockPhoto

The story so far: The Rajya Sabha on Thursday cleared the Cinematograph
(Amendment) Bill, 2023 that introduces new age-based certification for films,
separate certification for the exhibition of films on television and “other
media,” and provides for stringent provisions to penalise piracy with a jail
term and fine.

The draft legislation has come a long way from the first version of the Bill was
tabled in the Upper House in February 2019. In its present form, the Bill seeks
to amend the Cinematograph Act, 1952 which empowers the Central Board of Film
Certification (CBFC) to make cuts in films and clear them for exhibition in
cinemas. It was introduced in Rajya Sabha by Information & Broadcasting Minister
Anurag Thakur last week.

The Bill also formalises the Supreme Court ruling in K.M. Shankarappa vs. Union
of India, which states that the Centre cannot exercise revisional powers on
films already certified by the CBFC. “The proposed amendments would make the
certification process more effective, in tune with the present times, and
comprehensively curb the menace of film piracy, and thus help in faster growth
of the film industry and boost job creation in the sector,” reads the text of
the Bill.

Also Read | I&B Minister Anurag Thakur demands explanation from CBFC over
clearance to Oppenheimer

AMENDING CINEMATOGRAPH ACT, 1952: AN OVERVIEW

The changes to the Cinematograph Act have been in the offing for a long time,
with the film industry demanding the Centre enact a law to control unauthorised
recording. In 2013, a controversy erupted over Tamil Nadu’s ban on the screening
of actor-director Kamal Haasan’s Vishwaroopam movie. This prompted the then I&B
Minister Manish Tewari to constitute an expert commission under the chairmanship
of Justice Mukul Mudgal to examine the 1952 Act and issues related to
certification. The committee proposed a model Bill and made recommendations on
guidelines for certification, classification of films and issues such as
portrayal of women, obscenity and communal disharmony, among others. .

ALSO READ

A new censorship

Another panel was set up in 2016 to examine the rules of certification and lay a
broad framework after reviewing best practices across the world. The committee,
headed by filmmaker Shyam Benegal, recommended the expansion of age ratings. It
said the censor board must function purely as a certification body and not
engage in imposing excisions or changes to a film.

The first version of this bill emerged in February 2019 when the then Minister
of State for Information and Broadcasting Rajyavardhan Singh Rathore tabled the
draft in Rajya Sabha. The Cinematograph (Amendment) Bill, 2019 proposed penal
provisions to tackle offences related to piracy with imprisonment of up to three
years and a fine of Rs 10 lakh, or both. It, however, did not take into account
panel recommendations on age-based categorisation of certification. The Bill was
referred to a Standing Committee on Information Technology. In its March 2020
report, the committee, headed by Congress leader Shashi Tharoor, called for an
overhaul of the Act to address issues concerning the transformation of the
information and cinematography landscape.

A revised draft put out by the Centre for public comments in June 2021 proposed
certification categories based on age, up to three years of imprisonment and a
Rs 10 lakh penalty for film piracy. It also allowed the Centre to order the CBFC
to re-examine films that have already been cleared for exhibition — a clause
vehemently opposed by the film industry. The Centre had earlier dissolved the
Film Certification Appellate Tribunal (FCAT), which used to hear appeals from
filmmakers aggrieved by CBFC orders.

Amid ‘super censor’ concerns from the industry, the Ministry held discussions
with various stakeholders and prepared a new draft.The Cinematograph (Amendment)
Bill, 2023 was cleared by the Union Cabinet in April this year and tabled in the
Rajya Sabha on July 20.

> To ensure the holistic growth of Indian cinema & safeguard the rights of
> everyone in the industry from spot boy to technicians to filmmakers, under the
> visionary leadership of Hon'ble PM Shri @narendramodi ji, I got the
> opportunity to introduce The Cinematograph (Amendment Bill)…
> pic.twitter.com/4MUqWayUu4
>
> — Anurag Thakur (@ianuragthakur) July 27, 2023

WHICH ADDITIONAL AGE CATEGORIES HAVE BEEN ADDED FOR VIEWING FILMS?

There were only two categories of certificates — ‘U’ (unrestricted public
exhibition) and ‘A’ (restricted to adult audiences) when the Act came into
effect in 1952. Two additional categories were added in 1983 — ‘U/A’
(unrestricted public exhibition subject to parental guidance for children below
12 years of age) and ’S’ (restricted to specialised audiences such as doctors or
scientists).

The latest draft introduces three new age ratings under the ‘U/A’ category— U/A
7+ for children above seven years, U/A 13+ for those above 13 and UA 16+ for
those above 16. Online curated content, commonly known as OTT content, is
required to adhere to a similar age-based rating for content under the
Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules, 2021.

Separately, the draft adds that the Board may sanction a film for “unrestricted
public exhibition” if it believes that parents or lawful guardian can use their
discretion in allowing a child between seven and 18 years of age to view it.
Such films will carry an endorsement containing a ‘U/A’ marker. “An endorsement
by the Board shall enable the parents and lawful guardian of the child to
consider whether such child should view such a film, and shall not be enforced
by any person other than the parents or lawful guardian of the child,” the draft
says.

WHAT IS THE VALIDITY OF A FILM CERTIFICATE?

A certificate given by the CBFC is currently valid for 10 years under
sub-section 3 of Section 5A of the Cinematograph Act, 1952. The Bill provides
that a certificate will be perpetually valid throughout India.

HOW DOES THE BILL PROPOSE TO CRACK DOWN ON FILM PIRACY?

The Bill introduces two new sub-sections to address the issue of unauthorised
recording and exhibition of films. Section 6AA prohibits recording, helping a
person record, or transmitting an infringing copy of a film at a licensed place
for exhibition without the owner’s authorisation.

6AB, meanwhile, deals with unauthorised exhibition of films, and expands the
scope of law from censorship to copyright. It seeks to prohibit the public
exhibition of an infringing copy of the film for profit at a location not
licensed to exhibit films, or in a manner that infringes upon the Copyright Act,
1957.

The Bill proposes penal action in case of violation of these two sub-sections— a
jail term of a minimum of three months and up to three years, and a fine of up
to 5% of a film’s gross production cost but not less than Rs 3 lakh.

As per an analysis by the PRS Legislative Forum, certain exemptions under the
Copyright Act, 1957 will apply to the two offences. The 1957 Act allows limited
use of copyrighted content without the owner’s authorisation in specified cases,
such as private or personal use, reporting of current affairs, or review or
critique of that work.

WHAT ABOUT THE CERTIFICATION OF FILMS ON TELEVISION, OTT PLATFORMS?

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