New Delhi: The Rajya Sabha passed a significant Bill aimed at combating film piracy and overhauling the age-based certification process administered by the Central Board of Film Certification (CBFC), along with streamlining the categorization of films and content across various platforms. Anurag Thakur, the Union Minister for Information and Broadcasting, highlighted that the Bill was necessary to address the staggering ₹20,000 crore losses caused by piracy.
The Cinematograph (Amendment) Bill 2023, designed to amend the Cinematograph Act of 1952, was successfully passed through a voice vote. As part of the government’s initiative, the Bill proposes strict penalties, including a maximum three-year jail term and fines of up to five percent of a film’s production cost for those involved in the production of pirated movie copies.
Union Minister Anurag Thakur described piracy as a malignant issue that needed to be eradicated, and this Bill aimed to do just that. It introduced provisions to combat the transmission of pirated film content over the internet and suggested a new approach to classifying films based on age groups rather than the current ‘U’, ‘A’, and ‘UA’ ratings.
The key changes proposed by the Cinematograph (Amendment) Bill 2023 include granting films perpetual validity for their certification, eliminating the previous 10-year validity period. Furthermore, the Bill seeks to replace the ‘UA’ category with three new age-specific categories, namely UA 7+, UA 13+, and UA 16+. These new categories aim to provide clearer guidance for parents and guardians regarding age-appropriate content.
Additionally, the Bill stipulates that films carrying an ‘A’ or ‘S’ certificate will require separate certification for exhibition on television or any other government-prescribed medium. The proposed legislation also empowers the Board of Film Certification to direct applicants to make appropriate deletions or modifications for this separate certification.
The Bill also addresses the issue of unauthorised recording and exhibition of films. It criminalises unauthorised recording, defined as making or transmitting an infringing copy of a film without the owner’s authorization. Likewise, unauthorised exhibition, which involves publicly showing an infringing copy of a film for profit in an unlicensed location or in violation of copyright law, is deemed an offence. The Bill allows certain exemptions under the Copyright Act of 1957 for specific cases, such as private or personal use, reporting current affairs, or providing reviews or critiques.
The penalties for these offences include imprisonment ranging from three months to three years and fines ranging from three lakh rupees to five percent of the audited gross production cost.
Previously, film certificates issued by the CBFC were valid for ten years. However, the proposed changes grant perpetually valid certificates, eliminating the need for recertification.
Furthermore, the Bill eliminates the central government’s power to examine and make orders related to certified films as well as pending certifications, entrusting such matters solely to the Board of Film Certification. The Cinematograph (Amendment) Bill 2023 received approval in the Rajya Sabha through a voice vote, as the opposition parties, which had staged a walkout, were absent during the voting process.
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