Cinematograph (Amendment) Bill, 2023: What you need to know

The Bill, which was passed by the Rajya Sabha on Thursday, is focused on fighting piracy. However, it also includes other changes.

By
  • Tasmayee Laha Roy,
 | July 28, 2023 , 4:32 pm
The bill prohibits carrying out or abetting the unauthorised recording and unauthorised exhibition of films. Certain exemptions under the Copyright Act, 1957 will also apply to these offences. The 1957 Act allows limited use of copyrighted content without owner’s authorisation in specified cases such as private or personal use, reporting of current affairs, or review or critique of that work. (Representational image from Unsplash)
The bill prohibits carrying out or abetting the unauthorised recording and unauthorised exhibition of films. Certain exemptions under the Copyright Act, 1957 will also apply to these offences. The 1957 Act allows limited use of copyrighted content without owner’s authorisation in specified cases such as private or personal use, reporting of current affairs, or review or critique of that work. (Representational image from Unsplash)

Watch Oppenheimer, Barbie, or Rocky Aur Rani Kii Prem Kahaani as many times as you want. Just don’t record them on your mobile and upload them to YouTube or any other streaming platform. You could face legal action, including imprisonment for up to three years and a fine of up to Rs 3 lakh.

The Cinematograph (Amendment) Bill, 2023, which was passed by the Rajya Sabha on Thursday, is focused on fighting piracy. However, it also includes other changes aimed at improving the viewer experience and industry standards.

Here are some of the key amendments:

Anti-piracy measures: The primary focus of the Cinematograph (Amendment) Bill, 2023, is to tackle film piracy. Union Minister Anurag Thakur stated that the Bill targets the Rs 20,000-crore piracy losses. The Bill strictly prohibits recording and distributing copyrighted content. Offenders will be punished with imprisonment of between three months and three years and also fined. The fine shall not be less than Rs 3 lakh but may extend to 5 percent of the audited gross production cost.

New age-based certification categories: The Bill introduces new age-based certification categories— as UA 7+, UA 13+, and UA 16+. This is an addition to the previously existing ‘without restriction but subject to the guidance of parents or guardians for children below 12 years of age (UA)’ category.

Separate certification for television and other media: Films with an ‘A’ (Adults Only) or ‘S’ (Restricted to special classes) 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 make appropriate deletions or modifications for the separate certificate.

Change in certification validity: Under the Act, the certificate issued by the Board of Film Certifications is valid for 10 years. The Bill provides for perpetual validity of the certificates.

Authority of the Central Government revised: The Act empowers the central government to examine and make orders in relation to films that have been certified or are pending certification. The Board of Film Certification was expected to handle matters in accordance with the prescribed order. The Bill removes this power of the central government.

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