Cinematograph Bill aimed at curbing piracy passed by RS

Source: The post is based on the article “Cinematograph Bill aimed at curbing piracy passed by RS”  published in The Hindu on 28th July 2023

What is the News?

The Rajya Sabha has passed the Cinematograph (Amendment) Bill, 2023.

What is the Cinematograph (Amendment) Bill, 2023?

The Bill amends the Cinematograph Act, 1952.The Act constitutes the Board of Film Certification for certifying films.

Key Provisions of the bill:

Additional certificate categories: The Bill adds certain additional certificate categories based on age. 

– Under the Act, film may be certified for exhibition: (i) without restriction (‘U’), (ii) without restriction, but subject to guidance of parents or guardians for children below 12 years of age (‘UA’), (iii) only to adults (‘A’), or (iv) only to members of any profession or class of persons (‘S’).   

– The Bill substitutes the UA category with the following three categories to also indicate age-appropriateness: (i) UA 7+, (ii) UA 13+, or (iii) UA 16+.  The age endorsement within the UA category by the Board will inform guidance of parents or guardians, and will not be enforceable by any other persons other than parents or guardians.

Separate certificate for television/other media:  Films with an ‘A’ or ‘S’ certificate will require a separate certificate for exhibition on television or any other media prescribed by the central government. The Board may direct the applicant to carry appropriate deletions or modifications for the separate certificate.

Unauthorized recording and exhibition to be punishable: The bill prohibits the unauthorized recording of films and their exhibition.

– An unauthorized recording means making or transmitting an infringing copy of a film at a licensed place for film exhibition without the owner’s authorisation.  

– An unauthorized exhibition means the public exhibition of an infringing copy of the film for profit: (i) at a location not licensed to exhibit films or (ii) in a manner that infringes upon the copyright law.

– The above offences will be punishable with: (i) imprisonment between three months and three years, and (ii) a fine between three lakh rupees and 5% of the audited gross production cost.

Certificates to be perpetually valid:  Under the Act, the certificate issued by the Board is valid for 10 years. The Bill provides that the certificates will be perpetually valid.