Cinematograph Act: Govt may drop provisions on re-examination of films
The government may instead introduce stricter sections to curtail piracy in films, said one of the officials cited above.
The government may drop the controversial provision from the proposed Cinematograph Act (Amendment) Bill, 2021, that would have granted the Centre the ability to ask the Central Board of Film Certification (CBFC) to re-examine a film, officials familiar with the matter said on Sunday
The government may instead introduce stricter sections to curtail piracy in films, said one of the officials cited above.
The Bill is slated to be sent for Cabinet approval before being introduced in Parliament. If the earlier proposed amendments were cleared, then the government would have had the power to restrict cinematic content on “the basis 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 to any offence”.
“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 so to do, direct the Chairman of the Board to re-examine the film,” the government had said in a release on.
According to Section 5B (1): “A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against 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 involves defamation or contempt of court or is likely to incite the commission of any offence”.
“The government has received public feedback and is likely to drop the provision,” an official familiar with the matter said.
The Union ministry of information and broadcasting, in a background note submitted to the parliamentary committee on information and technology on July 13, 2021,mentioned that the Shyam Benegal committee, which tabled its report for amendments to the Cinematograph Act in 2016, said that the Union home ministry could ask for a re-examination of a film by the CBFC.
“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 and provisions of Section 5B(1) are derived from Article 19(2) of the Constitution which are non-negotiable. Therefore, if a complaint is received regarding violation of Section 5B(1), the central government may refer the matter to CBFC for re-examination of the film,” the note states, people familiar with the matter said.
“Benegal committee recommended that a certified film can be re-examined by CBFC if a reference is received from MHA in respect of violation of Section 5B(1) of the Act and clause 3 of the CBFC guidelines,” it added.
HT has reviewed a copy of the Benegal report, which highlights the point that the home ministry should be allowed to ask for a re-certification. “The chairperson may, if he considers it necessary to do so, refer the film to a Revising Committee for examination once again,” the Benegal report states.
Meanwhile, Shyam Benegal said that the government’s decision is the way it should be. “Once you’ve certified it, how can the government ask for a recall,” he said. “It can be done, but it depends on several other factors and not just the government’s demand.”
The proposed amendments to the Act, for which the Centre had sought feedback before July 2, include introduction of an age classification system akin to the one specified under the new intermediary and digital media guidelines notified on February 25 . The categories will include U, or universal, U/A 7+ , U/A 13+, and U/A 16+, besides an A rating for content restricted to adults.
At present, under the Act three categories of film certification exist: unrestricted public exhibition or U, parental guidance required for children under 12 or U/A, and adult films. The amendments will further sub categorise these.
The government has also noted that there a lack of provisions when it comes to checking piracy of films. “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 government’s release stated.
The new provisions also include a jail term extending up to three years for piracy. “If any person contravenes the provisions of Section 6AA, 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 three lakh rupees but which may extend to 5% of the audited gross production cost or with both,” the release stated.
Section 6AA states: The official quoted above added that when it comes to piracy, the laws will become even stricter. “At present, if a movie is pirated, the team has to approach the court. The government is planning to introduce a provision wherein the website, where the movie is illegally uploaded, will be banned and taken down, like under the intermediary guidelines,” the official said.
There is also a move to grant film certificates in perpetuity, while the present system only allows for a film to be certified for 10 years.
The draft amendments had provoked a sharp response from the film industry which expressed concerns that some proposed provisions could “curtail creative freedom”.
The proposed amendments enable the introduction of a broader age-related classification and seek to curb piracy in the industry.
The proposed changes led to 1,400 filmmakers and artists including Anurag Kashyap, Shabana Azmi, and Farhan Akhtar writing an open letter to the ministry objecting to this kind of censorship.
In July, Tamil Nadu chief minister MK Stalin had backed the demands to scrap the proposal, insisting that the draft bill seeks to restore the Union government’s revisionary powers “that were struck down by the Supreme Court two decades ago” .