Daily Updates

For Prelims: Intellectual property rights, Central Board of Film Certification, Cinematograph Act, 1952, Shyam Benegal Committee, IT Rules 2021.

For Mains: Required Modification in Cinematograph Act of 1952

Why in News?

Recently, the Lok Sabha and Rajya Sabha passed the Cinematograph (Amendment) Bill, 2023. The bill expands the scope of the law from censorship to also cover copyright and introduces stringent anti-piracy provisions.

• The bill aims to amend the existing Cinematograph Act of 1952.

What are the Proposed Provisions in Cinematograph (Amendment) Bill, 2023?

• Anti-Piracy Provisions: The bill aims to deter piracy of films by imposing strict penalties on individuals involved in unauthorized audio-visual recording and distribution of copyrighted content. The provisions include:
  • Jail Term: Imprisonment from 3 months to 3 years.
  • Fine: From Rs. 3 lakhs to 5% of the audited gross production cost.
  • This move aligns with the evolving landscape of film distribution and aims to safeguard the intellectual property rights of filmmakers and content creators.
  • The Government may no longer have revisional powers over the CBFC's decisions, based on the Supreme Court's judgment in the case of K.M. Shankarappa vs Union of India (2000).
  • U/A 7+: Films suitable for children above the age of 7 with parental guidance.
  • U/A 13+: Films suitable for children above the age of 13 with parental guidance.
  • U/A 16+: Films suitable for children above the age of 16 with parental guidance.
  • This new classification system aligns with the graded-age classifications implemented for streaming platforms under theIT Rules, 2021and Shyam Benegal Committee recommendations (2017).
  • As a result, broadcasters often voluntarily make cuts to films and seek re-certification from the CBFC for a U/A rating.
    • The bill formalizes this practice, allowing films to be recertified for television and "other media."

    What is the Cinematograph Act of 1952?

    • TheCinematograph Act, 1952 was enacted by the Parliament to ensure that films are exhibited in accordance with the limits of tolerance of Indian society.
      • It lays down the principles of guidance for certifying films, such as the interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court.
      • CBFC is a statutory body under the Ministry of Information and Broadcasting, that regulates the public exhibition of films under the provisions of the Cinematograph Act 1952.