RS passes Cinematograph (Amendment) Bill, 2023 aimed at curbing film piracy

The Bill plans to tackle film piracy, overhaul age-based certification provided by the Central Board of Film Certification (CBFC), and provide consistency in categorising films and material across platforms

The Rajya Sabha on Thursday cleared the Cinematograph (Amendment) Bill, 2023. The Bill which was tabled in Rajya Sabha last week by Union information and broadcasting minister Anurag Thakur seeks to make amendments to the Cinematograph Act, 1952. The Bill intends to ensure that the film industry content “does not suffer due to piracy as the menace causes heavy loss to the industry”.

Union information and broadcasting minister Anurag Thakur (File Photo)

The Bill was passed after a discussion that lasted over two hours in the Upper House of the Parliament on Thursday, but without the Opposition as they staged a walkout after their demands for a discussion on Manipur was not entertained.

The Bill plans to tackle film piracy, overhaul age-based certification provided by the Central Board of Film Certification (CBFC), and provide consistency in categorising films and material across platforms.

In the Bill, the government has proposed a maximum three-year jail term and a fine of up to 5% of the production cost of a film for persons making pirated copies of movies. The Bill seeks to introduce additional certificate categories (UA 7+, UA 13+ and UA 16+) and the UA category, reported PTI.

The Bill further seeks to introduce new sections in the Cinematograph Act with provisions to prohibit the unauthorised recording of films (section 6AA) and their exhibition (section 6AB). Provision 6AA prohibits the recording of any part of the film for the sole usage of the same device, the report further mentioned.

“Piracy is like cancer and this government has decided to eradicate it. The Bill took almost four decades but a lot has been changed. India being a country of storytellers, should emerge as the content hub of the world. I thank all the members for supporting the Bill and giving many suggestions,” Thakur said.

Thakur also slammed the Opposition as they staged a walkout.

“At a time when we are passing the Bill, the way the Opposition is behaving it seems that they are neither with or in favour of the film industry, nor want India to rise as a soft power. The Bill is not limited to any producer or director but includes the benefits of smaller roles like spot boys, cameraman etc. Then there is this issue of piracy which is hugely affecting the film industry. I am trying to raise the rights of the people working in the film industry, the Opposition is eating away their rights.” Anurag said.

Several Bharatiya Janata Party (BJP) MPs, including Radha Mohan Das, Dr Sonal Mansingh, Pavitra Margherita, Dhananjay Bhimrao Mahadik, Kavita Patidar, Biplab Kumar Deb, Ajay Pratap Singh, GVL Narasimha Rao, Bhubaneswar Kalita expressed their interest in movies while touching on the topic like more movies on social issues, regional language and enhanced control of content on OTT.

To which, Thakur replied, “I have noted the concern of honourable members of the language and objectionable content on OTTs. I want to tell you all that I called a meeting of OTT players 7 days ago and told them that self-regulation means that the responsibility lies with you. If you don’t do something about this, we will be forced to use other means.”

Biju Janata Dal MP and film director Prashanta Nanda supported the Bill, he, however, raised how OTT platforms did not mind publishing explicit content materials on their website, whereas the provisions of the censor board were strict for films that go to the theatres. He also spoke of how the addressal of issues by the CBFC was a lengthy process and asked how much authority the body holds.

To this, Thakur underlined how CBFC had been given complete autonomy now under this Bill while adding, “The major concerns for the Amendment of the Bill includes how much power the CBFC has. There could be a few instances where it could have taken a long time to issue a certification but we have to understand that it is an autonomous body and it holds some power. After this revision, the government will give the supreme authority to the CBFC and that is what the Bill wants.”

YSR Congress Party (YSRCP) MP Niranjan Reddy said his party too supports the Bill as the ‘government would reduce control of producers’, which he deemed would boost the creative aspect.

He raised that although the piracy act was helpful, complaints pertaining to piracy was a lengthy process and added, “Piracy is costing the Indian economy $2.8 bn which is only going to increase. I request the government to take piracy-related issues seriously.”

Thakur responded, “We don’t know the exact amount generated by pirates/piracy agencies, but it’s evident that the real talent gets affected by it. To take action on such laws, this Bill will impose Rs. 3 lakh fine on anyone involved in such activities. The government has decriminalised a lot of things, but under this Bill, anyone who is involved in piracy will be given a 3-year imprisonment sentence.”