Union Minister Anurag Thakur while announcing this development on Thursday said that the purpose of the Act is to ensure that content is not affected by piracy. As per sources, the latest amendments to the bill will bring more strict penalties for acts related to piracy and at the same time, it proposes to introduce more categories for film certification.
In a bid to curb piracy and menace related to it, the Union cabinet has approved amendments in the Cinematograph Act, 1952 and the same shall be tabled in the monsoon session of the parliament.
Union Minister Anurag Thakur while announcing this development on Thursday said that the purpose of the Act is to ensure that content is not affected by piracy. As per sources, the latest amendments to the bill will bring more strict penalties for acts related to piracy and at the same time, it proposes to introduce more categories for film certification.
‘As per the latest amendments, provisions of imprisonment from three months up to three years and a hefty fine on being caught indulging in any act of piracy has been included. The amendments shall also be in line with Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021’ the source said.
The Cinematograph (Amendment) Bill, 2019 was introduced in Rajya Sabha by the then Minister of State for Information and Broadcasting, Rajyavardhan Rathore, in February 2019. The Bill was tabled to amend the Cinematograph Act, 1954. The Act provided for certification of films for exhibition.
Further, it imposes penalties for various offences such as: exhibition of a film that has not been certified for public exhibition or tampering with a film after it has been certified. The government later in June 2021 had issued a notification seeking public comments to the Cinematograph (Amendment) Bill 2021, proposing two further amendments to the Cinematograph Act than those already proposed in 2019.
Back then, the bill had proposed prohibiting a person from using a recording device to make a copy or transmit a film, without written authorisation of the copyright owner of the film. Persons who make copies of a film without such authorisation, shall be punished with imprisonment of up to three years, or fine up to Rs 10 lakh, said the provisions of the bill. It aimed to tackle film piracy by including the penal provisions for unauthorised cam-cording and duplication of films in an exhibition facility.
However, the bill sent to the parliamentary committee on IT had made a slew of amendments and later with more stringent provisions added into the bill, the cabinet passed it on Thursday.
“The main motive is to get hold over piracy and curb it as much as possible. Movies are being transmitted via the internet and that is a crime. With new technologies, modern channels are being developed for content and movie transmission and the last amendments into the bill focus on blocking these channels completely.
Now both uploading and transmission of a content will be counted as an offence. People are running individual channels and the same model of sharing movies, or any material keeps on changing. In this bill new offences related to piracy have been inducted with new sections so that the menace of piracy is eradicated to the most possible extent,” said a senior official to CNBC-TV18 who is in the know of developments.
“Since a very long time, the government has been mulling to block websites and channels transmitting pirated content. Now further discussion on this shall happen inside the parliament but once this bill is passed, it will go a long way in protecting copyright. Not just the Indian but the global film industry is affected by piracy." the official added.
"Unfortunately, this issue poses a challenge on both copyright and content creation. There was a long-standing demand to take action on piracy because of which, the film industry has faced massive losses. This is a revolutionary step and will benefit the Indian film industry at large,” the official further said.
The Cinematograph (Amendment) Bill 2021 had earlier caused a lot of controversy, when the government had sought comments on it from stakeholders in June 2021, as the Indian film industry had felt that it threatened the autonomy of the CBFC and filmmakers. Filmmakers alleged that it was curtailing freedom of expression.
What is the Cinematograph Act, 1952
The Cinematograph Act, 1952 was enacted by the Parliament to ensure that films are exhibited in accordance with the limits of tolerance of Indian society. This means within the walls of Article 19(1) (a) and 19(2) of the Indian Constitution. The act also provides for the establishment of the Central Board of Film Certification or the Censor Board.
As per the act films are certified under four different categories:
Universal (U) — Films that can be shown publicly without restriction are given this certificate. In other words, there is no age restriction on seeing a movie with a "U" certificate.
Parental Guidance (UA) — This certificate is given when the Board determines that the content of the movie necessitates informing the parent or guardian whether or not the movie is appropriate for a child under the age of twelve.
Adults only (A) — According to the Indian Majority Act of 1857, this certificate indicates that the movie is only for adults, or those who are 18 years or above. These movies are not deemed suitable for children's mental health since the content may have a detrimental impact on them.
Restricted to a special class of persons (S) — This certificate is given when the Board determines that the concept, nature, or content of the movie is only appropriate for a particular class of people or profession.
First Published: Apr 19, 2023 6:16 PM IST
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