On Thursday, 27 July, the Rajya Sabha cleared the Cinematograph (Amendment) Bill, 2023. The Bill amends the Cinematograph Act of 1952.
"Almost four decades have passed and there have been a lot of technological developments, viewership of films has gone up and the standing of Indian films on the global stage has risen,” Information and Broadcasting Minister Anurag Thakur said while passing the bill.
Among other things, it aims to curb film piracy and changing the manner in which movies are certified by the Censor Board.
So what kind of provisions does the bill have to deal with piracy? And will content on OTT also come under its purview? And are there any penal provisions? The Quint answers all the questions for you.
Age-Based Certifications
The Bill also introduces three age ratings for films requiring adult supervision. Currently, such films currently get a U/A rating, but this has been split into:
U/A 7+
U/A 13+ and
U/A 16+.
The IT Rules, 2021, had implemented these graded age ratings for streaming platforms. Following a 2004 Bombay High Court order, films rated for adults have largely been prohibited on television.
Usually, broadcasters cut films voluntarily, and re-apply with the Central Board of Film Certification (CBFC) for a U/A rating. The Bill formalises this very practice, with language that allows films to be recertified for TV and “other media”, according to The Hindu.
How Will it Curb Piracy?
Terming piracy a "cancer", Thakur elaborated that the Bill prohibits carrying out or abetting:
Unauthorised recording
Unauthorised exhibition of films
Even attempting an unauthorised recording will also be an offence. The minister added that the above offences will be punishable with:
Imprisonment between three months and three years
A fine between Rs 3 lakh and 5 percent of the audited gross production cost
YSR Congress Party (YSRCP) MP Niranjan Reddy said that although the piracy act was helpful, complaints pertaining to piracy was a lengthy process.
"Piracy is costing the Indian economy $2.8 bn which is only going to increase. I request the government to take piracy-related issues seriously.”
What are the Other Proposals?
Also, earlier the certificate issued by the CBFC was valid for 10 years. Now, with the new amendment, certificates now will be valid perpetually.
The 1952 Act empowered the Centre to examine and make orders in relation to films that have been certified or are pending certification. The Bill scraps this revisional power that was accorded to the Centre.
Thakur underlined how CBFC has been given complete autonomy now under this Bill.
"The major concerns for the amendment of the Bill includes how much power the CBFC has. There could be a few instances where it could have taken a long time to issue a certification... After this revision, the government will give the supreme authority to the CBFC and that is what the Bill wants," he added.
What About Content Regulation on OTT Platforms?
A major concern that was raised by MPs during this debate was over regulating content on OTT platforms.
Biju Janata Dal MP and film director Prashanta Nanda pinpointed to how OTT platforms have been depicting vulgar language, rape, and violence repeatedly.
BJP’s GVL Narasimha Rao said that while such platforms provide the chance to watch films in multiple languages, there is a need to examine the regulations that apply to OTT content.
“If there are no such regulations, I would like to know why the Cable and Television Act, which controls content on television, does not apply to OTT content?” he said.
“What if an uncensored film is put on OTT? If you are not able to control OTT, how are you able to restrict censored content being shown as a part of the OTT film industry?, " he said.
Thakur said that while many members had raised concerns about the OTT content, a meeting on this matter was held last week where issues, including self-regulation, were discussed with the OTT players.
"I told them in the meeting seven days ago that self-regulation means that the responsibility lies with you. If you don’t do something about this, we will be forced to use other means," Thakur said.
Earlier this month, Reuters reported that in a meeting held between Thakur and streaming platforms, the government requested that their content be reviewed for violence and obscenity.”
Officials reportedly asked these platforms to consider an independent panel to review content so that unsuitable material could be taken out, the report added.
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