Parliament Passes Cinematograph (Amendment) Bill, 2023

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 Cinematograph Act Amendment:

First, the Bill attempts to address the issue of unauthorised recording and exhibition of films and curb the menace of film piracy by transmission of unauthorized copies on the internet.

Second, the Bill attempts to improve the procedure for certification of films for public exhibition by the Central Board of Film Certification, as well as improve categorisations of the certifications of the films.

Third, the Bill attempts to harmonise the law with extant executive orders, Supreme Court judgements, and other relevant legislations.

a) Provisions to Check Unauthorised Recording and Exhibition of Films Amounting to Piracy: To check film piracy by way of cam-cording in the theatres; and most importantly also prohibit any unauthorized copying and online transmission & exhibition of a pirated copy of any film, strict penal provisions have been incorporated.

b) Age-Based Certification: Introduction of age-based categories of certification by further sub-dividing the existing UA category into three age-based categories, viz. seven years (UA 7+), thirteen years (UA 13+), and sixteen years (UA 16+), instead of twelve years. These age-based markers would be only recommendatory, meant for the parents or guardians to consider whether their children should view such a film.

c) Aligning with the Supreme Court Judgements: Omission of Revisional Powers of Central Government as per judgment of Supreme Court in the case of K.M. Shankarappa vs Union of India (2000).

d) Perpetual Validity of Certificates: Removal of the restriction in the Act on validity of certificate for only 10 years for perpetual validity of certificates of Central Board of Film Certification (CBFC).

e) Change of Category of Film for Television: Recertification of the edited film for Television broadcast, as only Unrestricted Public Exhibition category films can be shown on television.

f) Reference to Jammu and Kashmir: Omission of references to the erstwhile State of Jammu and Kashmir in line with the Jammu and Kashmir Reorganisation Act, 2019.

The Indian film industry is one of the biggest and most globalised industries in the world producing more than 3,000 films annually in more than 40 languages. The medium of cinema, the tools and the technology associated with it have undergone vital changes over this period of time. The menace of piracy has also grown manifold, with the advent of internet and social media. The Cinematograph (Amendment) Bill, 2023 was passed by the Parliament today will go a long way in curbing the menace of piracy and also empowerment of Indian Film Industry with Ease of Doing Business.

PIB

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