After obtaining approval from the Lok Sabha, the Parliament on July 31, 2023 passed the Cinematograph (Amendment) Bill, 2023.Initially, On July 20, 2023, the Cinematograph (Amendment) Bill, 2023, was presented in the Rajya Sabha and after discussions Rajya Sabha approved it on July 27, 2023.
The last important changes to the Cinematograph Act of 1952 were made in the year 1984, hence it took 40 years for the Parliament to enact the historic measure modifying the legislation.
The bill aimed to reduce piracy, streamline Central Board of Film Certification (CBFC)’s age-based certification system, and bring uniformity to the categorization of movies and content across platforms.
The regulations contain severe penalties, such as a minimum sentence of three months in jail and a fine of Rs. 3 lakh, which may be increased to three years in jail and a fine of up to 5% of the gross production cost audited.
In the words of Shri Anurag Singh Thakur, Union Minister for Information & Broadcasting, “India is known as a country of storytellers, which demonstrates our rich culture, heritage, legacy, and variety. Our film business will reach $100 billion in revenue in the following three years, employing lakhs of people. We have introduced this law to combat piracy and support the film business in accordance with the demands of the modern world. With these changes, the ‘piracy’ scourge that costs the movie industry an estimated Rs. 20,000 crores in losses will be completely curbed.”
The certain amendments made by the bill are as follows:
- A certificate issued by the Board is supposed to be valid for ten years in India according to Section 5-A (3), but the Bill extends it to perpetuity, making the Central Board of Film Certification’s certifications valid indefinitely.
- Additional certificate categories: Based on age, the Bill introduces a few new additional certificate categories. In accordance with the Act, a film may be approved for exhibiting in one of the following ways: (i) without restrictions (U); (ii) without restrictions, but with parental or guardian supervision for children under 12 years old; (UA); (iii) only for adults (A); or (iv) only for members of any profession or class of people (S). To also reflect age-appropriateness, the Bill replaces the UA category with the three categories listed below: UA 7+, UA 13+, or UA 16+, to name a few. The age endorsement for the UA category made by the Board shall be the basis for any parental or guardian counseling, but shall not be legally enforceable..
- The two newly added sections 6AA and 6AB, which deal with “Prohibition of Unauthorized Recording” and “Prohibition of Unauthorized Exhibition of Films,” respectively.Additionally, it criminalizes “attempt” and “abetment” to record something without permission. The following offenses are subject to penalties: a fine of up to 5% of the auditing gross production cost and a term of imprisonment ranging from three months to three years.
- The Act grants the central government the authority to review films that have received certification or are in the process of receiving certification and to issue orders. The order must be followed for the Board to make decisions. The Bill eliminates the central government of this power. In light of the ruling by the Supreme Court in Union of India v. K.M. Shankarappa.
- Change in Film Category for Television: The edited film must be re-certified for television broadcast since only films in the Unrestricted Public Exhibition category are permitted to air on television.
The Cinematograph (Amendment) Bill, 2023, which is approved by Parliament, will significantly reduce the threat of piracy while also empowering the Indian film industry and rendering doing business easier.
Written By: Hetanshi Bhojaviya, College Name: GLS Law College, Semester : IX an intern under Legal Vidhiya
