Latest Amendment to Cinematography Act in India

CABINET APPROVES PROPOSAL OF MINISTRY OF INFORMATION AND BROADCASTING FOR INTRODUCING CINEMATOGRAPH AMENDMENT BLL,2023.

INTRODUCTION:

Cinematograph Act 1952 was enacted by the parliament to ensure that films are portrayed in a way that is acceptable to the societal norms. The Union Cabinet on ‘Tuesday’ approved the proposal made by Ministry of Information and Broadcasting to introduce Cinematograph Amendment Bill,2023 to amend Cinematograph Act 1952.  

Aim of the Amendments:

1. This amendment aimed at enhancing the process of certifying the films by CBFC.
2. This amendment also aims at providing consistency in categorization of films and their content across various platforms.
3. It also aims at to harmonize the laws with executive orders, supreme court orders and other relevant legislations.
4. It also aims to address the issue of unauthorized recording and exhibition of films and threat caused to films by this act by unauthorized transmission of copies on the internet.

 

Demands for Amendments:

There are various provisions incorporated under this Cinematograph (Amendment) Bill, 2023 are as follows:

1. Provisions to check Unauthorized Recording and Exhibition of Films amounting to Piracy: The provision is to prevent the film piracy by the act of recording films through camcorders in theatres and unauthorized transmission of pirated copies. Therefore, the government will also have the power to block the websites that distribute unauthorized copies so as to prevent piracy of films.

2. Age-based certification: The aim of the following amendment is to introduce age-based categorization of films by dividing the current UA category intro three 3 sub categories based on age i.e. seven years (UA 7+), thirteen years (UA 13+), sixteen years (UA 16+). These guidelines are served as advisory and it would be ultimately the responsibility of parents or their guardians to permit their child to watch the film or not on their discretion.

3. Aligning with Supreme Court Judgements: The supreme court decision in the case K.M. Shankarappa v. Union of India (2001) requires the central government to remove its power of revision to align this act with the constitution. i.e. the government cannot make any changes in the said act without following the procedures mentioned in the constitution.

6. Perpetual Validity of the Certificate: Removal of the restriction in the act on the validity of the certificates for only 10 years of certificates of Central Board of Film Certification.
7. Change of Category of Film for Television: Recertification of edited film for television broadcast as only unrestricted public exhibition category films can be shown on television.
8. Reference to Jammu and Kashmir: Jammu and Kashmir have removed special rules in central law that has already applied to Jammu and Kashmir. The government is changing the film certification process so as to make it more effective and better in coming times. This would help in preventing film piracy and promote growth in film industry resulting in generation of more jobs in the film sector.

 

CONCLUSION:

The CINEMATOGRAPH (AMENDMENT BILL) 2019 was introduced in Rajya Sabha in 2019, with the approval of the cabinet. its aim was to ensure that issues relating to piracy of films through camcording in the theatres. the bill was further referred to standing committee on information technology that presented its report in 2020. the report initiated that not only the piracy issue but there is also the need to change the effectiveness of the certification process. Therefore, further Cinematograph Amendment Bill 2021 came into being. Later on, Cinematograph Amendment Bill 2023 came after seeking public comments also taking into consideration of stakeholders with the film industry.  

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