First, the Bill attempts to address the issue of unauthorised recording and exhibition of films and curb the menace of film piracy by transmission of unauthorized copies on the internet.
Second, the Bill attempts to improve the procedure for certification of films for public exhibition by the Central Board of Film Certification, as well as improve categorisations of the certifications of the films. Third, the Bill attempts to harmonise the law with extant executive orders, Supreme Court judgements, and other relevant legislations.
The amendments incorporated in the Cinematograph (Amendment) Bill 2023 provide for:
a) Provisions to Check Unauthorised Recording and Exhibition of Films Amounting to Piracy: To check film piracy by way of camcording in the theatres; and also to prohibit unauthorized transmission & exhibition of a pirated copy of any film, strict penal provisions have been incorporated in the Bill. Specific and stricter provisions for tackling film piracy contained in the Bill, would go a long way in effectively tackling the menace of piracy in the film sector. It will allow Government to block websites where unauthorized copies are transmitted.
b) Age-Based Certification: Introduction of age based categories of certification by further sub-dividing the existing UA category into three age-based categories, viz. seven years (UA 7+), thirteen years (UA 13+), and sixteen years (UA 16+), instead of twelve years. These age based markers would be only recommendatory, meant for the parents or guardians to consider whether their children should view such a film.
c) Aligning with the Supreme Court Judgements: Omission of Revisional Powers of Central Government as per judgment of Supreme Court in the case of K.M. Shankarappa vs Union of India (2001) to ensure that the Act is constitutionally compliant.
d) Perpetual Validity of Certificates: Removal of the restriction in the Act on validity of certificate for only 10 years for perpetual validity of certificates of Central Board of Film Certification (CBFC).
e) Change of Category of Film for Television: Recertification of the edited film for Television broadcast, as only Unrestricted Public Exhibition category films can be shown on television.
f) Reference to Jammu and Kashmir: Omission of references to the erstwhile State of Jammu and Kashmir from the Act, as with the coming into force of the Jammu and Kashmir Reorganisation Act, 2019, all special provisions in central laws related to the applicability of those laws in Jammu and Kashmir have become redundant.
The proposed amendments would make the certification process more effective, in tune with the present times, and comprehensively curb the menace film piracy, and thus help in faster growth of the film industry & boost job creation in the sector.
The Cinematograph (Amendment) Bill, 2019 was introduced in the Rajya Sabha on 12th February 2019 with the approval of Cabinet. It proposed changes relating only to the issue of film piracy through cam-cording in film halls. The 2019 Bill was referred to the Standing Committee on Information Technology, which presented its report on 16th March 2020.
In the recommendations made by the Standing Committee on Information Technology, it emerged that not only the piracy issue needed to be tackled more comprehensively but there was a need to improve the effectiveness of the certification process. Accordingly, a revised Cinematograph (Amendment) Bill, 2021 was prepared. Subsequently, the Cinematograph (Amendment) Bill, 2023 was casted after seeking public comments followed by several rounds of stakeholder consultations with the film industry.
