NEW DELHI: In a significant move to combat film piracy and overhaul the age-based certification system, the Lok Sabha achieved unanimity in passing the Cinematograph (Amendment) Bill 2023. This milestone legislation received approval with a strong voice vote, brushing aside protests from members of the Opposition who were preoccupied with the ongoing Manipur ethnic strife. The Bill had already cleared the hurdle in the Rajya Sabha on July 27, prior to this momentous Lok Sabha approval.
Union Minister for Information and Broadcasting, Anurag Thakur, emphasized the government's determination to tackle piracy head-on with this Bill. Drawing a compelling analogy, he stated, "Piracy is like cancer, and we are resolute in eradicating it through this Bill." The legislation incorporates measures to curb the illicit transmission of pirated film content on the internet, while also introducing a new age-based classification system for films, replacing the existing 'U', 'A', and 'UA' categories.
In the current classification, 'U' stands for unrestricted public exhibition, 'A' for adult audiences only, 'UA' for unrestricted public exhibition with parental guidance for children below 12, and 'S' for special category audiences like doctors and scientists. However, the Bill proposes an updated age-based approach, introducing the UA 7+, UA 13+, and UA 16+ categories. The Board of Film Certification will guide parents or guardians accordingly but will not enforce these age endorsements beyond their domain.
For films certified with an 'A' or 'S' rating, a separate certificate will be required for television or other media platforms approved by the central government. The Board reserves the right to direct applicants to make appropriate deletions or modifications for the separate certificate. Additionally, the Bill strictly prohibits unauthorized recording and exhibition of films. Attempting an unauthorized recording will be considered an offense.
Unauthorized recording refers to making or transmitting an infringing copy of a film at a licensed venue for film exhibition without the owner's authorization. On the other hand, unauthorized exhibition involves publicly showing an infringing copy of the film for profit at a location not licensed for exhibiting films or in a manner that violates copyright laws. However, certain exemptions under the Copyright Act, 1957, such as private or personal use, reporting of current affairs, or review and critique of copyrighted work, will also apply to these offenses.
The Bill stipulates penalties for these offenses, including imprisonment ranging from three months to three years and a fine ranging from three lakh rupees to 5 percent of the audited gross production cost. Moreover, under the Act, the certificates issued by the Board will be perpetually valid for a period of 10 years.
In terms of authority, the Act empowers the central government to examine and issue orders regarding films that have been certified or are awaiting certification. The Board is mandated to adhere to these orders in all matters.
With the successful passage of this transformative legislation, the film industry is poised for a paradigm shift in the fight against piracy and a more refined system of age-appropriate film classification. Centre to introduce IIM-Amendment Bill in LS today
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