Daily Current Affairs : 28-July-2023
The Rajya Sabha recently passed the Cinematograph (Amendment) Bill, 2023, bringing significant changes to the existing Cinematograph Act, 1952. The amendment was deemed necessary to address various issues that have emerged in the film industry over the years, including the need to align the law with executive orders, court rulings, and other legislations. This essay explores the key provisions of the Bill and how it aims to enhance the film certification process, combat piracy, and promote responsible film exhibition.
Harmonizing Film Certification Process
The existing Cinematograph Act, 1952, has been revised to harmonize with executive orders, Supreme Court judgements, and other relevant laws. This ensures a cohesive and consistent framework for film certification and exhibition throughout the country.
Expansion of Certification Categories
To provide more clarity and guidance to viewers, the Bill introduces three additional certification categories under the ‘UA’ (Parental Guidance) category. These new certifications, UA 7+, UA 13+, and UA 16+, will allow children of appropriate ages to access films with the accompaniment of parents or guardians. This move aims to strike a balance between freedom of choice for viewers and safeguarding the interests of young audiences.
Separate Certification for Television and Other Media
Films with an ‘A’ (Adults only) or ‘S’ (Special) certificate will now require a separate certification if they are to be exhibited on television or any other media approved by the central government. This measure ensures that films suitable for the big screen may not necessarily be appropriate for television or other platforms. The Central Board of Film Certification (CBFC) has the authority to request the applicant to make necessary edits or modifications to obtain the additional certification.
Perpetual Validity of Certificates
Under the previous Act, film certificates issued by the CBFC were valid for a period of ten years. However, the amendment extends the validity of these certificates indefinitely. This move aims to streamline administrative processes and reduce the burden on filmmakers and distributors, allowing them to focus on their creative endeavors rather than periodic recertification.
Empowering the CBFC
The Cinematograph (Amendment) Bill, 2023, grants more authority to the CBFC in handling film certification matters. The central government’s power to examine and make orders in relation to certified films or those pending certification has been removed. This change aims to enhance the autonomy and efficiency of the CBFC in its decision-making process.
Combatting Piracy and Unauthorized Exhibition
One of the most critical aspects of the Bill is its focus on curbing film piracy and unauthorized exhibition. Piracy has been a persistent menace in the film industry, causing significant financial losses to filmmakers and distributors. The amendment explicitly prohibits unauthorized recording and exhibition of films, imposing strict penalties on offenders.
Exemptions under the Copyright Act
To strike a balance between copyright protection and fair use, certain exemptions under the Copyright Act, 1957, will also apply to the offenses mentioned in the Cinematograph (Amendment) Bill, 2023. These exemptions include the limited use of copyrighted content without the owner’s authorization for private or personal use, reporting of current affairs, or for the purpose of review and critique.
Penalties for Offenders
Those found guilty of unauthorized recording and exhibition of films will face severe consequences. The penalties include imprisonment ranging from three months to three years and a fine between three lakh rupees and 5% of the audited gross production cost. These stringent measures aim to deter potential offenders and protect the interests of filmmakers and the film industry as a whole.
Important Points:
- The Rajya Sabha passed the Cinematograph (Amendment) Bill, 2023, to bring changes to the existing Cinematograph Act, 1952.
- The amendments aimed to harmonize the law with executive orders, court judgments, and other legislations, ensuring a consistent framework for film certification and exhibition.
- The Bill introduced three new certification categories (UA 7+, UA 13+, and UA 16+) under the ‘UA’ (Parental Guidance) category, allowing children of appropriate ages to watch films with parental guidance.
- Films with an ‘A’ or ‘S’ certificate require a separate certification for exhibition on television or other media, ensuring that content suitable for theaters may not necessarily be appropriate for television viewing.
- The validity of film certificates issued by the CBFC has been extended perpetually, reducing administrative burdens on filmmakers and distributors.
- The central government’s revisional powers have been removed, empowering the CBFC to handle film certification matters more autonomously and efficiently.
- The Bill addresses the issue of piracy and unauthorized exhibition of films by imposing strict penalties, including imprisonment and fines.
- Certain exemptions under the Copyright Act, 1957, apply to offenses mentioned in the Bill, allowing limited use of copyrighted content for private or personal use, reporting current affairs, or for review and critique purposes.
- The penalties for unauthorized recording and exhibition of films range from three months to three years of imprisonment and a fine between three lakh rupees and 5% of the audited gross production cost.
Why In News
After vigorous debates, the Rajya Sabha decisively passed the Cinematograph (Amendment) Bill, 2023, signaling a landmark moment in India’s film industry. The bill’s approval is expected to usher in a new era of artistic freedom and responsible content regulation, balancing the interests of filmmakers and society alike.
MCQs about Cinematograph (Amendment) Bill, 2023
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What is the main purpose of the Cinematograph (Amendment) Bill, 2023?
A. To introduce new film categories for adult audiences.
B. To extend the validity of film certificates to 20 years.
C. To harmonize the law with executive orders and other legislations.
D. To reduce the penalties for unauthorized film exhibition.
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Which of the following certifications has been introduced under the ‘UA’ (Parental Guidance) category by the amendment?
A. A 16+ certificate.
B. UA 7+ certificate.
C. U certificate.
D. A 13+ certificate.
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What is the penalty for unauthorized recording and exhibition of films under the Cinematograph (Amendment) Bill, 2023?
A. Imprisonment between one to two years and a fine up to one lakh rupees.
B. Imprisonment between three months to three years and a fine between three lakh rupees and 5% of the audited gross production cost.
C. Fine up to ten lakh rupees and community service.
D. Temporary suspension of the filmmaker’s license for one year.
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What power has been granted to the Central Board of Film Certification (CBFC) under the amendment?
A. The power to decide film certification categories.
B. The power to examine and make orders in relation to certified films.
C. The power to appoint new board members.
D. The power to regulate ticket prices for film screenings.
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