Why in News?

• Recently, the Rajya Sabha has passed the Cinematograph (Amendment) Bill, 2023 for the purpose of amending the Cinematograph Act, 1952.
• It was introduced in Rajya Sabha on 20th July 2023 and will now be sent to Lok Sabha.

Background

• The Cinematograph (Amendment) Bill, 2019 was introduced in the Rajya Sabha on February 12, 2019, proposing changes related only to film piracy.
• This Bill was referred to the Standing Committee on Information Technology, which presented its report in March 2020.
• The revised Cinematograph (Amendment) Bill, 2021 was released on 18th June 2021.
• After the consultations with the industry stakeholders in the year 2022, the Bill was introduced in the year 2023.

Legal Provisions

Features of the Bill:

• The U/A category has been substituted with the following three categories based on age:
  • UA 7+
  • UA 13+
  • UA 16+
• The Central Board of Film Certification (CBFC) has been empowered to sanction the film with a separate certificate for its exhibition on television and other media.
• The Bill also clarifies that the Centre will not have any revisional powers over CBFC certificates.
• Two new sections 6AA and 6AB has been inserted in relation to “Prohibition of unauthorized recording” and “Prohibition of unauthorized exhibition of films.”
• It also makes “attempt” and “abetment” to make unauthorized recording punishable.
• The aforesaid offences will be punishable with imprisonment between 3 months and 3 years, and a fine between Rs.3 Lakh and 5% of the audited gross production cost.
• It proposes to replace the current 10-year validity period for film certification with perpetual validity.
• The Bill takes away the revisional power of central government in the light of Supreme Court judgement in Union of India v. K.M. Shankarappa(2001).
• In K.M Shankarappa v. Union of India (1990), the Karnataka High Court struck down the power to review a film after its approval by the Central Board of Film Certification (CBFC) and the decision was upheld by the Supreme Court of India in the case of Union of India v. K.M. Shankarappa (2001).