What Is The Cinematograph (Amendment) Bill, 2023?

Under the new bill, the offense of making pirated movie copies would be subject to a punishment of up to a three-year jail term

Censorship has been one of the sparking and heated issues in almost all decades. Ever since the visual arts saw the light of day, it has been subject to the unnerving supervision of censorship. Most commonly, it’s understood as mere restrictions or curtailing of public opinion, ideas, and perspectives. However, as the censor boards claim, it is a tool to take control of what moral values are being imparted into society through the mechanism of art.

In some extreme regimes, censorship strictly controls all aspects of media consumption. But under a democratic government, controlled monitoring works over the media. In India, the Central Board of Film Certification (CBFC) orchestrates that role. On July 27, the Upper House passed the Cinematograph (Amendment) Bill, 2023 and the Lower house did it on July 31, a bill that has long been debated.

Background

The CBFC, or Indian censor board, regulates under the Cinematograph Act 1952. It entails specific guidelines which monitor the public expression of ideas, opinions, and imagination displayed in cinema. It aims at imparting content that doesn’t hinder or hurt the sentiments of any individual or group in society.

However, the recent developments in the arena of filmmaking and the development of technology led officials to introduce certain amendments to the act. The grounds were to harmonize the law with various executive orders, expand the categorisation of certification, and improve licensing procedures. Above all, there was a commotion of demand from the industry to look into the crawling matter of unauthorized recording and screening of movies. Pirated movies have been deemed as one of the contentious issues in the industry and held responsible for incurring massive losses.

The Amendment

The bill was initially introduced in Rajya Sabha in 2019, demanding amendments related to film piracy. After referral to a Standing Committee of IT, the committee produced its report in March 2020. The report suggested removing unnecessary provisions and the categories of certification based on age. So the revised bill was released in June 2021. Another round of consultations was held in 2022, which led to the introduction of the 2023 Bill.

Only UA category films are to be screened on TV, as the Cable Television Networks (Regulation) Act, 1995 demands. The bill has suggested changes regarding the category. Changing the film A (adult) or S (specialized group) category to UA. Under the former Act, CBFC-issued certification was valid for just ten years. However, under the amendments, it’d now be valid perennially. The new bill has also revoked the Centre’s power to have revisional sayings on the CBFC certificates.

Reforms

Under the new bill, the offense of making pirated movie copies would be subject to a punishment of up to a three-year jail term. Also, a fine will be levied, which would be 5% of the pirated movie’s production cost. Three certifications have been introduced within the UA category, i.e., UA 7+, UA 13+, and UA 16+. Children younger than the designated age limit can view the movie under parental guidance. The provision of separate certificates for a film’s exhibition on television or other streaming channels has also been granted to CBFC. The bill also prohibits helping a person record any film screened at a cinema theater. The Union Information and Broadcasting Minister displayed his disappointment, mentioning that the scourge of piracy is causing a loss of Rs. 20,000 crore annually to the film industry.