More Film Certification Categories, Punishment For Unauthorised Recording Of Movies : Parliament Passes Cinematograph (Amendment) Bill

Lok Sabha passed the Cinematograph (Amendment) Bill, 2023, today, after it was approved by Rajya Sabha on July 27. The Bill amends the Cinematograph Act, 1952 which constitutes the Board of Film Certification for certifying films for exhibition.

After a short introduction of the Bill by the Union Minister of Information and Broadcasting Anurag Thakur, the Bill was passed with voice vote.

Some major changes brought by the Bill include, additional categories for certification of the Film based on age, unauthorised recording or its attempt made punishable with imprisonment between 3 months and 3 years, and a fine between Rs.3 Lakh and Certificates to be perpetually valid.

According to its Statement of Objects and Reasons, The Cinematograph (Amendment) Bill, 2023 aims to address the issues relating to film certification. It also deals with the issue of unauthorised recording and exhibition of films and curb the menace of film piracy by transmission of unauthorised copies on the internet. It states to improve the procedure for certification of films for public exhibition by the Central Board of Film Certification, as well as to improve the categorisations of the certification of the films; and harmonise the law with extant executive orders, judicial decisions and other relevant legislations.

Following are the changes brought by the Bill:

• Under Sections of 4 and 5-A of the present Cinematograph Act, a film is certified for exhibition: without restriction (‘U’), without restriction, but subject to guidance of parents or guardians for children below 12 years of age (‘UA’), only to adults (‘A’), or only to members of any profession or class of persons (‘S’). However, the Bill substitute section 4 of the Act, relating to examination of films, so as to introduce the age-based certification in "UA" category into three age-based categories, namely "UA 7+", "UA 13+" and "UA 16+" and also to empower the Board to sanction the film with a separate certificate for its exhibition on television or such other media as may be prescribed.
• According to Section 5-A (3), a certificate granted by the Board under shall be valid throughout India for a period of ten years, but the Bill changes it to perpetuity, which means it gives perpetual validity to the certification of Central Board of Film Certification.
• It omits Section 6 (1) of the Act, relating to revisional powers of the Central Government in the light of Supreme Court judgment in Union of India Vs. K.M. Shankarappa.
• It inserts two new sections 6AA and 6AB relating to “Prohibition of unauthorised recording” and “Prohibition of unauthorised exhibition of films.”It also makes “attempt” and “abetment” to make unauthorised recording punishable.
• The above offences will be punishable with: imprisonment between 3 months and 3 years, and a fine between Rs.3 Lakh and 5% of the audited gross production cost.

Amid sloganeering and protest from the opposition for Manipur violence, after passing of the Bill, the house was adjourned for the day.

Click Here To Read The Bill