INTRODUCTION
The Cinematograph Act of 1952[1] (Act) deals with the certification of movies, regulates cinematograph exhibits and governs the working of the Central Board of Film Certification (CBFC) as well. The Lok Sabha recently passed the Cinematograph (Amendment) Act, 2023[2] (Amendment Act) brought forth by the Ministry of Information and Broadcasting during the Monsoon session on 31st July, 2023. The Amendment Act although similar to the Bill brought forth in 2021 also includes certain new changes. One of the major reasons for introducing the Amendment Act was for the tackling issues relating to piracy which have become the plague of filmmakers and distributors today.
SIGNIFICANT CHANGES BROUGHT FORTH BY THE AMENDMENT
● The Amendment Act has introduced two significant provisions to deal with issue of piracy. Section 6AA[3] and Section 6B[4] are aimed at forbidding the unauthorised exhibition and recording of movies. If anyone is found in violation of these sections, they could face a prison sentence anywhere between three months to three years coupled with a fine which could range between three lakhs to “5% of audited gross production cost” whichever is the highest. Further, in case of continuing offences the fine could be extended to a sum of twenty thousand for each day that the offence is continued. The introduction of such provisions reflects the commitment of the Government towards the protection of the intellectual property rights of filmmakers and curbing piracy. Further, now an individual is now empowered by the Amendment Act to take legal action against copyright infringement.
● The Amendment Act further allows individuals to take legal action for computer related offences under Section 66 of the Information Technology Act of 2000[5]. Further, it has empowered the Government to take required action against intermediaries.
● The Amendment act homogenizes the Cinematograph Act of 1952 and the Copyright Act of 1957[6] by applying the meaning of the term “infringing copy” as defined in the Copyright Act to both.
●The Amendment Act significantly changes the process governing the certification of movies by changing the period of validity of the film certificate from 10 years to that of perpetual validity. The change is aimed at reducing administrative burdens and for reducing the burden of the moviemakers. The change is a step towards the modernization of film certification.
● The Amendment Act has done away with the power of the Government to review certificates provided to films or films that are waiting to be certified. has been taken in order to ensure that the movie comply with the different guidelines that are applicable to different media platforms. This has been done with the introduction of Section 4(3)[7].
● The Amendment Act has introduced “age-based indicators” such as “UA 7+”, “UA 13+”, and “UA 16+” which will make it easy for parents to identy which movies are suitable for their children and the same shall not be enforceable by anyone other than the parents or the lawful guardian.
● The Amendment Act has done away with the power of the Government to review certificates provided to films or films that are waiting to be certified.
CONCLUSION
By way of the Amendment Act, the Government has shown its will to update the Act to a more modern, effective, and complete form to satisfy the demands of the movie business. The Amendment Act gives assistance to both producers and the broader film industry. The Amendment Act substantially reduces the central government's powers or any misuse of such powers by them by omitting Section 6(1) of the Act and authorising the CBFC's judgement on film certification in India to be final. The development of independent certification for selected movies for public display on television and other mediums will finally bring some legal restriction to content on OTT platforms, which has been mostly self-regulatory up to now. It reaffirms the legislature's commitment to promoting development, ease of doing business, and job creation in the entertainment industry.
[1] Cinematograph Act, 1952, No. 37, Acts of Parliament, 1949 (India). [2] Cinematograph (Amendment) Act, 2023, Acts of Parliament, 1949 (India). [3]Cinematograph (Amendment) Act, 2023, § 6AA, Acts of Parliament, 1949 (India). [4]Cinematograph (Amendment) Act, 2023, § 6B, Acts of Parliament, 1949 (India). [5] Information Technology Act, 2000, § 66, Acts of Parliament, 1949 (India). [6] Copyright Act, 1957, No. 14, Acts of Parliament, 1949 (India). [7]Cinematograph (Amendment) Act, 2023, § 4(3), Acts of Parliament, 1949 (India).
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