30 Nov

Cinematograph Act, 1952 & 2023 Amendments

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Contents

• Key Provisions of The Cinematograph Act
• Shyam Benegal Committee and its recommendations
• Cinematograph (Amendment) Act, 2023: Key Highlights

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The Cinematograph Act, 1952

• It is an Indian law which governs the certification of films for public exhibition, regulates cinema exhibitions, and provides for related matters.

Key Provisions:

• The Act empowers the CBFC to certify the film based on categories: “U” (Universal); “UA” (Parental Guidance); “A” (Adult), “S” (Special).
• It also establishes Film Certification Appellate Tribunal (FCAT) to appeal the decision of the CBFC. It can uphold, modify or reverse CBFC decisions.
• It prohibits use of recording devices in cinemas without proper authorization.

Shyam Benegal Committee and its recommendations:

• The committee was formed to lay down holistic framework for the certification of films. It was formed in the backdrop of increasing controversial decision making of CBFC headed by Pahlaj Nihlani, whose role in censoring films was widely criticized.

Major Recommendations:

• Role of CBFC should only be to certification (categorization) of film as per the suitability to audience groups. It should not have right to censor films.
  • Certification can be refused on the following grounds:
    • When a film contains anything that contravenes the provisions of Section 5B (1) of the Cinematograph Act, 1952
    • When content in a film crosses the ceiling laid down in the highest category of certification.
  • More subcategorization of UA and A Category.
  • Staffing Pattern of CBFC: Given the limited functions, the size of the board should be compact with one member representing each regional office. Therefore, the total composition of the Board should not be more than nine members and one chairman.
  • Recommendations regarding regional advisory panel.
  • Other Guidelines
    • Online submission and simplification
      • Online submission of applications as well as simplification of forms and accompanying documentation
    • Recertification
      • Recertification of a film for purposes of telecast on television or for any other purpose should be permitted
    • Director’s cut in the National Film Archive of India (NFAI)
      • In order to preserve Indian Cinema, the committee recommends that every applicant be asked to deposit the Director’s Cut in the NFAI for preservation of Indian Cinema, instead of the certified version, in order to truly reflect the cinematic history of Indian cinema.
    • Out of turn certification with higher fees
    • Complaints received by central government referred to CBFC
      • The Chairperson may, if he considers it necessary to do so, refer the film to a Revising Committee for examination once again, on account of alleged violation of Section 5B(1) of the Cinematograph Act, 1952.
  • The Objective of these guidelines
    • Children and adults are protected from potentially harmful or unsuitable content
    • Audiences, particularly parents are empowered to make informed viewing decisions
    • Artistic expression and creative freedom are not unduly curbed in the process of  classification of films
    • The process of certification by CBFC is responsive, at all times, to social change
    • The certification by CBFC keeps within the rights and obligations as laid down in the Indian Constitution.

Cinematograph (Amendment) Act, 2023: Key Highlights:

• This is the first amendment of Cinematograph act in around 40 years, the last amendment was made in 1984.
• It aims to curb menace of ‘Piracy’ causing losses of Rs 20,000 crores to the film industry, based on certain estimates.
  • Provisions to check Unauthorized Recording and Exhibition of Films Amounting to Piracy:
    • Check film piracy by way of cam-cording in the theatres
    • Prohibits any unauthorized copying and online transmission & exhibition of a pirated copy of any film
    • Strict Punishment of minimum 3 months and fine of Rs 3 Lakh which can be extended upto 3 years imprisonment and fine upto 5% of the audited gross production cost.
  • It improves the procedure of certification of films of public exhibition by CBFC, as well as improve the categorizations of the certifications of the films.
    • Introduction of age based certification by further sub-division of the existing UA category into three age-categories, viz. seven years (UA 7+), 13 years (UA 13+), and sixteen years (UA 16+), instead of 12 years.
      • The IT Rules 2021, has implemented these graded ratings for streaming
        platforms.
    • These age-based markers would be only recommendatory, meant for the parents or guardians to consider whether their children should view such a film.
  • It also harmonize the law with extant executive orders, Supreme Court Judgements, and other relevant legislations.
    • Omission of revision power of central government as per the judgement of Supreme Court in the case of K.M. Shakarappa vs Union of India.
  • Perpetual Validity of Certificates: It removes the restriction in the act on validity of certificate for only 10 years for perpetual validity of certificates of CBFC.
  • Change of category of film for television: Recertification of the edited film for television broadcast, as only Unrestricted Public Exhibition category films can be shown on television.
  • Reference to Jammu and Kashmir: Omission of reference to the erstwhile State of J&K in line with the J&K Reorganization Act, 2019

Some Criticism:

• Shyam Benegal Committee had recommended removal of censorship power by the CBFC and it should be merely a classification agency.

­ Conclusion:

• The Cinematograph (Amendment) Act, 2023 will go a long way in curbing the menace of piracy and also empowerment of Indian Film Industry with Ease of Doing Business