New Delhi: The Central Government plans to introduce the Cinematograph (Amendment) Bill 2023 in the Rajya Sabha with the goal of tackling the widespread issue of film piracy and overhauling the Central Board’s age-based certification procedure. Anurag Thakur, Union Minister for Information and Broadcasting, will introduce the bill in the Upper House for consideration and approval later today.
The primary focus of the proposed bill is to amend the existing Cinematograph Act of 1952, addressing the problem of unauthorised recording and exhibition of films. Having been introduced in the Rajya Sabha on July 20, the draft Act proposes the establishment of a Board of Film Certification responsible for certifying films for public exhibition. These certifications may be subject to modifications or deletions, and the Board will also have the authority to refuse the exhibition of certain films.
A key aspect of the Cinematograph (Amendment) Bill, 2023, is the introduction of additional certificate categories based on age. The current “UA” (Parental Guidance) category will be substituted with more specific age-appropriateness categories, including UA 7+, UA 13+, and UA 16+. The age endorsement provided by the Board in the UA category will serve as guidance for parents and guardians without being enforceable by any other individuals.
Furthermore, films that fall under the “A” (Adults) or “S” (Special) certificate categories will require a separate certification for exhibition on television or other media platforms specified by the central government. The Board may direct the applicants to make appropriate deletions or modifications to obtain this separate certification.
In an effort to curb film piracy, the bill strictly prohibits the unauthorised recording and exhibition of films, with an attempt at unauthorised recording also being considered an offence. Unauthorised recording refers to making or transmitting an infringing copy of a film at a licensed place for film exhibition without the owner’s authorization. Unauthorised exhibition, on the other hand, pertains to the public exhibition of an infringing copy of the film for profit in a location not licensed for film exhibition or in a manner that violates copyright laws. Certain exemptions under the Copyright Act of 1957 will apply to these offences, allowing limited use of copyrighted content without the owner’s authorization in specific cases, such as private or personal use, reporting of current affairs, or review and critique.
The proposed bill outlines penalties for the above offences, including imprisonment ranging from three months to three years and a fine ranging from three lakhs rupees to 5% of the audited gross production cost.
Another significant change being introduced in the bill is the perpetual validity of film certification. Unlike the current system, where certificates are valid for ten years, the new bill ensures that the certificates remain perpetually valid. Furthermore, the bill eliminates the central government’s power to examine and issue orders regarding films that have been certified or are awaiting certification. Instead, the Board will be solely responsible for handling such matters in line with the proposed changes.
Minister Anurag Thakur emphasised that the proposed amendments to the Cinematograph Act are geared towards enhancing the effectiveness of the film certification process and ensuring its relevance in the current era. The primary objective of these changes is to provide a more robust framework that can effectively counter film piracy while also promoting the rapid growth of the film industry. By modernising the certification system, the government aims to create a conducive environment for the sector to flourish, which, in turn, is expected to generate a surge in employment opportunities within the film industry.
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