Source: TH
Subject: Government Bill and Act
Context: The recent leak of the high-quality Tamil film Jana Nayagan before its theatrical release has brought the stringent 2023 amendments to the Cinematograph Act, 1952 into sharp focus.
About The Cinematograph Act, 1952:
What it is?
- The Cinematograph Act, 1952, is the primary legislation in India governing the certification and exhibition of films. It established the Central Board of Film Certification (CBFC) and provides the legal framework for ensuring that films are suitable for public consumption based on specific age-related and content-driven guidelines.
Aim:
- To regulate the public exhibition of films to ensure they adhere to standards of public order, decency, and morality.
- To provide a structured age-appropriate classification system for viewers.
- To combat the rampant issue of film piracy and unauthorized recording in theaters.
Key Features of the Act (Including 2023 Amendments)
- Certification Categories: The Act provides for several types of exhibition certificates:
- U (Unrestricted): For all ages.
- UA (Unrestricted with Caution): Now split into UA 7+, UA 13+, and UA 16+ to provide better parental guidance on age-appropriateness.
- A (Adults Only): For viewers aged 18 and above.
- S (Specialized): For specific classes of people (e.g., doctors or scientists).
- Prohibition of Piracy: The law strictly prohibits the unauthorized recording (making a copy in a theater) and unauthorized exhibition (showing a pirated copy for profit) of films. Even an attempt to record a film is now a punishable offense.
- Severe Penalties: Infringers face harsh criminal and financial consequences:
- Imprisonment: Between 3 months and 3 years.
- Fines: Ranging from ₹3 lakh up to 5% of the audited gross production cost of the film.
- Perpetual Validity: Unlike the previous rule where certificates expired after 10 years, film certificates are now valid perpetually.
- Separate Certification for Media: Films with ‘A’ or ‘S’ ratings cannot be shown on TV or other media unless they are re-certified with appropriate modifications.
- Government Revisional Power: The 2023 amendment removed the Central Government’s power to overrule CBFC decisions, strengthening the Board’s independent status.
- Fair Use Exemptions: The Act respects the Copyright Act, 1957, allowing limited use of content for private study, reporting, or critique without penalty.
Significance:
- By linking fines to the production budget (5%), the Act creates a massive financial deterrent, protecting the multi-billion dollar Indian film industry from revenue loss.
- The more granular UA categories align Indian standards with global practices, helping parents make informed decisions about their children’s media consumption.
