Govt proposes amendments to Cinematograph Act, 1952

The new amendments propose a three-month to three-year jail term for those indulging in film piracy

The government has proposed amendments to the Cinematograph Act, 1952 to introduce age-wise certification, penalise film piracy with jail term and fine and restore Centre's power to re-examine an already-certified film.

The Ministry of Information and Broadcasting has put a draft of the Cinematograph (Amendment) Bill 2021 in public domain and has sought opinion from the general public by July 2.

One of the amendments proposed is related to the ‘unrestricted public exhibition’ category, where the existing U/A category (parental guidance) is further divided into U/A 7+, U/A 13+ and U/A 16+.

At present, U/A category films are those films under the ‘unrestricted public exhibition’ category with a caution as to whether any child below the age of 12 years may be allowed to see a film certified for unrestricted viewing. It should be considered by the parents or guardian of such child.

If the new amendment comes into effect, then there will be three sections under U/A.

The new amendments also propose a three-month to three-year jail term for those indulging in film piracy.

"Film piracy, particularly release of pirated versions of films on the internet, causes huge losses to the film industry and government exchequer. In most cases, illegal duplication in cinema halls is the originating point of piracy. At present, there are no enabling provisions to check film piracy in the Cinematograph Act, 1952, making it necessary to have a provision in the Act to check film piracy," the Ministry's note said.

According to the proposed new amendment, "notwithstanding any law for the time being in force, no person shall, without the written authorization of the author, be permitted to use any audiovisual 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."

If any person contravenes this provision, he 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 may extend to 5% of the audited gross production cost or with both.

The proposal also seeks to give statutory backing for an executive order that extended the 10-year validity of censor certificate to perpetuity. "Although this restriction on validity of certificate for only 10 years has been removed through executive orders, the existing provision in the Act requires it to be amended to remove the stipulation such that the certificate is valid in perpetuity," the Ministry said.

It also seeks to restore the Centre's powers to re-examine a certified film following complaints.

The existing Act had empowered the Centre to call for the record of proceedings in relation to certification of a film, which is pending or has been decided by the Board and pass any order. This would mean the Centre has the power to revise the decisions of the Board.

However, the Karnataka High Court had struck down the provision, saying the Centre cannot exercise revisional powers in respect of films that are already certified, which was upheld by the Supreme Court in November 2020. The Supreme Court, however, also opined that the Legislature may, in certain cases, overrule or nullify the judicial or executive decision by enacting an appropriate legislation.

"Sometimes complaints are received against a film that allude to violation of Section 5B(1) of the Cinematograph Act, 1952 after a film is certified. Article l9(2) of the Constitution imposes reasonable restrictions upon the freedom of speech and expression in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement of any offence," it said arguing for the case for amendment.