Draft Cinematograph (Amendment) Bill, 2021

Present status: Open for public suggestions.

About draft cinematograph (amendment) bill, 2021

It seeks to amend the draft cinematograph act 1952 in the following manner:

Changes proposedExisting provision
Revision of certification: As per draft cinematograph bill, the Centre will have revisionary powers on account of violation of Section 5B(1) (principles for guidance in certifying films).

  • Now, if the situation necessitates, the Central Government will have the power to reverse the decision of the Central Board of Film Certification (CBFC) and direct the Chairman of the CBFC to re-examine a film.

The current Act, in Section 6, already equips the Centre to call for records of proceedings wrt a film’s certification but it is unable to use this power as,

  • In 2000, the Supreme Court had upheld the verdict of the Karnataka High Court in the K.M. Shankarappa vs Union of India case that the Union government cannot exercise revisional powers in respect of films that have already been certified by the CBFC.
Age-based certification: The draft cinematograph bill proposes to introduce age-based categorization and classification. proposes to divide the film categories into five age-based groups:

  • U, U/A 7+, U/A 13+, U/A 16+ and Adult. 
Currently, films are certified into three categories

  • ‘U’ for unrestricted public exhibition;
  • ‘U/A’ that requires parental guidance for children under 12;
  • ‘A’ for adult films.
Provision against piracy: The draft proposes to add Section 6AA that will prohibit unauthorized recording. Penal provisions, including imprisonment and fine, have been proposed.At present, there are no enabling provisions to check film piracy in the Cinematograph Act, 1952
Eternal certificate: The draft proposes to certify films for perpetuity.Currently a certificate issued by the CBFC is valid only for 10 years.

Note: Section 5 B (1) of the Cinematograph Act, 1952, discourages certifying a film that is “against the

    • interests of [the 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 or is likely to incite the commission of any offence.
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