Author: Sannidhi Mahapatra
The Ministry of Information and Broadcasting (MIB) vide notification dated June 18, 2021, has published the draft Cinematograph (Amendment) Bill, 2021 (“Bill”) based on the observations and recommendations proposed by The Standing Committee on Information Technology (2019-20). The Bill proposes changes in certification category, term of validity of certificate, revisionary power of Central Government and introduces provisions on piracy. The four major changes are outlined below.
The Bill proposes further subdivision of the category ‘unrestricted public exhibition subject to’ on the basis of age. The current draft identifies and proposes to bring the sub-division of U/A category into U/A 7+, U/A 13+ and U/A 16+. In furtherance of the same, the Bill proposes to amend provisions relating to Examination of Films [section 4(1)(i)]; Certification of Films [section 5A(1)(a)]; and Revisional Powers of the Central Government [section 6(2)(b)].
The Bill identifies the need for amending section 5A(3) concerning the restriction on validity of certificate. The current draft proposes the provision be amended to remove the stipulation of ten years such that the certificate is valid in perpetuity.
The Bill confers revisional powers on the Central Government by adding a Proviso to section 6(1) which will empower the Central Government to direct the Chairman of the Central Board for Film Certification (CBFC) to re-examine a film already certified for public exhibition. This power can be exercised on account of violation of section 5B(1) of the Cinematograph Act, 1952. The reasonable restrictions as provided for under Article 19(2) have been reproduced in section 5B(1) of the Cinematograph Act, 1952
The Bill also aims to address the concern of film piracy. The Bill introduces a new section 6AA to deter piracy which prohibits using an audiovisual recording device 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 without the written authorization of the author. Furthermore, it also proposes the insertion of new sub-section 1A in section 7 to stipulate the penalties for contravention of this part. The penalties include imprisonment for a term ranging from three months to three years and with a fine not less than three lakh rupees extendable to 5% of the audited gross production cost or with both. The penalty provision also contains a proviso that excludes acts mentioned under section 52 of the Copyright Act, 1957 from the purview of the proposed section 6AA.
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