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Recently, the government released the draft Cinematograph (Amendment) Bill 2021 to the general public for comments until July 2.
- The new draft proposes to amend the Cinematograph Act of 1952 with provisions that will give the Centre “revisionary powers” and enable it to “re-examine” films already cleared by the Central Board of Film Certification (CBFC)
About
- In November 2000, the Supreme Court had upheld a Karnataka High Court order which struck down the Centre’s “revisional powers in respect of films that are already certified by the Board”.
- The “Supreme Court has also opined that the Legislature may, in certain cases, overrule or nullify the judicial or executive decision by enacting an appropriate legislation”.
- In this regard, it is stated that sometimes complaints are received against a film that alludes to violation of Section 5B(1) of the Cinematograph Act, 1952 after a film is certified.
Proposed Amendment
- Revision of certification
- It proposes to add a provision to the Act that will equip the Centre with revisionary powers on account of violation of Section 5B(1) (principles for guidance in certifying films).
- It is also proposed in the Draft Bill to add a provision to sub-section (1) of section 6 to the effect that on receipt of any references by the Central Government in respect of a film certified for public exhibition, on account of violation of Section 5B(1) of the Act.
- The Central Government may, if it considers it necessary to do so, direct the Chairman of the Board to re-examine the film.
- The proposed revision “means that the Central Government, if the situation warranted, has the power to reverse the decision of the Board”.
- The newly added clause reads – “Since the provisions of Section 5B(1) are derived from Article 19(2) of the Constitution (reasonable restrictions on freedom of speech) and are non-negotiable.
- Age-based certification
- The draft proposes to introduce age-based categorisation and classification.
- Currently, films are certified into three categories — ‘U’ for unrestricted public exhibition; ‘U/A’ that requires parental guidance for children under 12; and ‘A’ for adult films.
- The new draft proposes to divide the categories into further age-based groups: U/A 7+, U/A 13+ and U/A 16+.
- This proposed age classification for films echoes the new IT rules for streaming platforms.
- Currently, films are certified into three categories — ‘U’ for unrestricted public exhibition; ‘U/A’ that requires parental guidance for children under 12; and ‘A’ for adult films.
- The draft proposes to introduce age-based categorisation and classification.
- Provision against piracy
- At present, there are no enabling provisions to check film piracy in the Cinematograph Act, 1952.
- The draft proposes to add Section 6AA that will prohibit unauthorised recording.
- The proposed section states, “notwithstanding any law for the time being in force, no person shall, without the written authorisation of the author, be permitted to use any audio-visual recording device in a place to knowingly make or transmit or attempt to make or transmit or abet the making or transmission of a copy of a film or a part thereof”.
- Violation shall be punishable with imprisonment for a term “which shall not be less than three months but which may extend to three years and with a fine which shall not be less than Rs 3 lakh but which may extend to 5 percent of the audited gross production cost or with both”.
- At present, there are no enabling provisions to check film piracy in the Cinematograph Act, 1952.
- Eternal certificate
- The draft proposes to certify films for perpetuity.
- Currently, a certificate issued by the CBFC is valid only for 10 years.
About Central Board of Film Certification (CBFC)
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