The Union government has released draft cinematograph (amendment) bill in the month of June 2021 for public comments. This draft aims at amending The Cinematograph Act 1952.
The Cinematograph Act 1952
The cinematograph act 1952 mainly aims at certifying films before it is released for general public and the certifying of film is done by Central Board of Film Certification (CBFC), which is an authority provided in the act itself. The act provides for four kinds of certificates:
- unrestricted viewing (U)
- unrestricted, but with parental guidance for children below the age of 12 (U/A)
- restricted to adults (A)
- restricted to a class or a profession (S)
Abolishment of Film Certificate Appellant Tribunal (FCAT)
If a filmmaker was aggrieved by the order of CBFC then he/she could approach FCAT as an appeal against the order of CBFC. But in April 2021 an ordinance was passed by the president of India in The Tribunals Reforms Act scraping the FCAT. Thus, FCAT was replaced by High Courts in the Cinematograph Act 1952.
Cinematograph (Amendment) Bill 2021
Under this bill the union government proposes to bring following changes in the cinematograph act 1952:
- If a film has been certified by the CBFC, the central government will have the power to order re-examination of the film to the CBFC or itself re-examine the films certified by the CBFC. The principles of certifying a film are given under section 5B of the The Cinematograph Act 1952.
- To add more categories under U/A certificate such as U/A7+, U/A13+ and U/A16+
- Government has also proposed to add section 6AA to tackle piracy and make piracy punishable with imprisonment and fine or both.
- The government has also proposed to give the certificate for perpetuity. Currently the certificate is granted for a period of 10 years.
Conclusion
Since a lot of disputes are arising with respect to the films and web series being made now days so the government is trying to keep a check on these films and series through increasing its interference. But this bill seems to be not in favor of film makers as a lot of film makers are opposing or criticizing the bill as it is acting as a hurdle in their creativity and they also believe that it is violating their freedom of speech and expression. It should also be kept in mind that freedom of speech and expression comes with some reasonable exceptions.
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