Explained: What govt proposes to change in film certification

What is draft Cinematograph (Amendment) Bill 2021? 

Context:  

Last week, the Centre released the draft Cinematograph (Amendment) Bill 2021 to the general public for comments until July 2. The new draft proposes to amend the Cinematograph Act of 1952 with provisions that will give the Centre “revisionary powers”. The new draft will also enable it to “re-examine” films already cleared by the Central Board of Film Certification (CBFC). 

What are the current practices in film certification? 

• 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. 

• These certificates issued by the CBFC is valid only for 10 years. 
• At present, the Centre cannot use its revisionary powers on films that have already been granted a certificate by the CBFC. As the Karnataka High Court, take away the Center’s revisionary powers on films that have already been granted a certificate. (The Supreme Court in November 2020 upheld the Karnataka High Court judgement). 
• There are no enabling provisions to check film piracy in the Cinematograph Act, 1952. 

What are the key changes in the draft Cinematograph (Amendment) Bill 2021? 

• Revision of certification: The Ministry of Information and Broadcasting proposes to add a provision to the Act that will equip the Centre with revisionary powers on account of violation of Section 5B(1) (principles for guidance in certifying films). 
• Age-based certification:  The new draft proposes to divide the film categories into five age-based groups: U, U/A 7+, U/A 13+, U/A 16+ and Adult. 
• Provision against piracy: The draft proposes to add Section 6AA that will prohibit unauthorised recording.  

• Punishment: Violation shall be punishable with imprisonment for a term not be less than three months but which may extend to three years.  
• Penalty: Fine which shall not be less than Rs 3 lakh but which may extend to 5 per cent of the audited gross production cost or with both 

• Eternal certificate: The draft proposes to certify films for perpetuity. 

What are the Concerns associated with the draft? 

• The draft has been criticised by filmmakers as a “super censor”. 
• The draft comes shortly after the abolition of the Film Certificate Appellate Tribunal. Earlier it was the last point of appeal for filmmakers against the certificate granted to their film. 

Source: The Indian Express