The Rajya Sabha passed a bill to combat film piracy and overhaul age-based film certification. Union Minister Anurag Thakur stated that the bill targets the Rs. 20,000 crore piracy losses.
According to numbers presented by the minister, after the pandemic and the reopening of theaters, there has been a concerning 62 percent surge in online film piracy, with an interesting revelation that 70 percent of people are aware of its criminality.
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.
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.
Moving on, 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.
The offences however will be punishable with imprisonment between three months and three years and a fine of upto Rs3 lakh and 5 percent of the audited gross production cost.
Under the Act, the certificate issued by the Board is valid for 10 years. The Bill provides that the certificates will be perpetually valid.
The Act empowers the central government to examine and make orders in relation to films that have been certified or are pending certification. The Bill removes this power of the central government.