Rajya Sabha passes Cinematograph Amendment Bill, 2023 aimed at curbing film piracy

July 28, 2023
Posted by: OptimizeIAS Team
Category: DPN Topics

Rajya Sabha passes Cinematograph Amendment Bill, 2023 aimed at curbing film piracy

Subject: Science and Technology

Section: Intellectual Property

Context:

The Rajya Sabha on July 27, 2023 passed the Cinematograph (Amendment) Bill, 2023 that introduces stringent anti-piracy provisions, expanding the scope of the law from censorship to also cover copyright.

Key Points:

Key features of the bill	Description
Committee recommendation	A committee of experts chaired by filmmaker Shyam Benegalhad in 2017 recommended amendments to the film censorship regime; the graded-age classifications are in line with the report of the committee. However, the government has not implemented the key recommendation of the committee that the CBFC’s power to require cuts be taken away.
CBFC role	The Bill seeks to amend the Cinematograph Act, 1952, which authorises the Central Board of Film Certification (CBFC) to require cuts in films and clear them for exhibition in cinemas and on television.
Curtailment of revisional power of the government	The Government will not have revisional powers [over the CBFC’s decisions] even after this Bill. As the Supreme Court had in 1991 ruled against such powers. The Amendment Bill formalises this curtailment of power, by striking off the clause from the statute.
Penal Provision for Piracy	The Bill proposes a jail term of up to three years and a fine up to 5% of a film’s production cost for persons who “use any audio-visual recording device in a place licensed to exhibit films with the intention of making or transmitting an infringing copy of” a film, or trying to do so.
Age Rating	The Bill also introduces three age ratings for films requiring adult supervision. Such films currently get a U/A rating, but this has been split intoU/A 7+, U/A 13+ and U/A 16+. The IT Rules, 2021 had implemented these graded age ratings for streaming platforms.
Certificate for TV and “other Media”:	Films rated for adults have largely been prohibited on television for years, following a 2004 Bombay High Court order. As such, broadcasters often cut films voluntarily, and re-apply with the CBFC for a U/A rating. The Bill formalizes this practice, with language that allows films to be recertified for TV and “other media”.

Central Board of Film Certification (CBFC):

It is a statutory body under the Ministry of Information and Broadcasting, regulating the public exhibition of films under the provisions of the Cinematograph Act 1952.
The Board consists of non-official members and a Chairman (all of whom are appointed by Central Government) and functions with headquarters at Mumbai.
Films can be publicly exhibited in India (on cinema halls, T.V. channels) only after they have been certified by the Central Board of Film Certification.
At present, films are certified under 4 categories: U, U/A, A& S.
- Unrestricted Public Exhibition (U)
- Unrestricted Public Exhibition – but with a word of caution that Parental discretion required for children below 12 years (U/A)
- Restricted to adults (A)
- Restricted to any special class of persons (S)

Provisions for Censorship:

Article 19(2) of the Constitution authorises the government to impose, by law, reasonable restrictions upon the freedom of speech and expression in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
The Cinematograph Act, 1952 also provides for similar provisions as stated under Article 19(2).