The Union government has decided to drop a controversial provision that gave it the power to recommend to the Central Board of Film Certification (CBFC) that it review a movie that has already received certification from the body, officials familiar with the matter said on Wednesday.
Announcing the introduction of the revised Cinematograph Bill, 2023 on Wednesday, Union minister for information and broadcasting Anurag Thakur said filmmakers and the industry would be very happy with the final version.
“The Cinematograph Act, 2023 will be introduced in the upcoming session of Parliament,” Thakur said. “It will satisfy everyone without creating any controversy.”
Referring to the new bill, Thakur added that stricter provisions for countering piracy were being included, apart from the inclusion of a certification system on a par with OTT (over-the-top) platforms. OTT platforms have five categories as per digital media rules, while the Cinematograph Act has three.
At present, under the Cinematograph Act, 1951, three categories of film certification exist, which are 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.
As far as piracy is concerned, one of the above-mentioned officials said, the government will introduce sections specific to online piracy. “Any website found violating these rules will immediately be asked to take down the pirated content,” the official added.
{{/usCountry}}As far as piracy is concerned, one of the above-mentioned officials said, the government will introduce sections specific to online piracy. “Any website found violating these rules will immediately be asked to take down the pirated content,” the official added.
{{/usCountry}}HT reported last year that owing to a pushback from the industry and filmmakers, the government was reviewing the provisions that would have allowed CBFC to recall a film.
If the earlier proposed amendments were cleared, 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 said in a release seeking feedback last year. Section 5B (1) stated, “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 draft amendments provoked a sharp response from the film industry that has expressed concerns that some proposed provisions could curtail creative freedom. 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.