The Cinematograph

Amendment Bill- 2023

PROD.

By: Israa Zaidi AUD144779

B.A L.L.B
 INTRODUCTION
CHARACTER
#1
The film industry is an influential force
that affects society in addition to
providing entertainment. Governments
all throughout the world enact laws
and regulations to control the film
industry because they understand its
impact.
CHARACTER
#2
A proposed law called the
Cinematograph Amendment Bill 2023
aims to significantly alter India's
current Cinematograph Act, 1952. The
Bill seeks to resolve a number of
problems with content control, piracy,
and the film certification process.
 BACKGROUND
● In India, film certification, distribution, and censorship are governed by the
Cinematograph Act, 1952. Nonetheless, the Act has come under fire over time for
having unclear language and outdated provisions.

● The Cinematograph Amendment Bill 2023 is a turning point in the laws that
control the motion picture business. It strives to create a balance between
artistic freedom and responsible content creation, bringing the legislation in line
with changing society standards and technical improvements. It was introduced
to address numerous difficulties and align with growing societal values.

●
 KEY FEATURES
SCENE 01: SCENE 02: SCENE 03: SCENE 04:

Online Introducti
PRE-CERTIFICATION Anti-piracy
Certification on of
OF FILMS: Measures
Age-Based
Certificat
ion
 KEY FEATURES
V
Establishment of
Appellate Content E
Tribunal: Regulation N
U
S

Online
Streaming
Platforms Penalties and
Enforcement
 Pre-certification of
Films
The Bill suggests adding an additional section requiring filmmakers to apply for
pre-certification of their work from the Central Board of Film Certification (CBFC)
prior to requesting funds or permission to film in public areas. The proposed
amendment calls for revisions to the certification procedure used to classify movies.
Stricter standards are introduced by the bill to address complaints about offensive or
inappropriate content. It emphasizes how crucial it is to take public opinion, cultural
diversity, and national security into account when approving motion pictures. This
clause attempts to head off any disputes that might surface once the movie is finished.
 Online
Certification
The Bill aims to make it easier
for movies to be certified
online. With this action, the
certification process will be
less bureaucratic and movie
releases will occur more
quickly. The requirement for
physical submissions will be
eliminated for filmmakers who
choose to submit their work
online for certification.
Introduction of
Age-Based
Certification
The Bill suggests implementing an
age-based certification scheme that is
in line with global norms. Based on their
content, movies will be categorized
into three age groups: U (universal),
U/A (universal with adult supervision),
and A (adults only). The goal of this
action is to empower viewers to make
knowledgeable decisions about which
movies are appropriate for certain age
groups.
 Anti-piracy
Measures
The Bill emphasizes the need for
tough steps to stop movie piracy. It
suggests adding clauses that forbid
the unauthorized use of recording
equipment in movie theaters, stop
unauthorised film recording, and
apply severe penalties for
copyright violations. The
aforementioned restrictions are
intended to safeguard the financial
interests of filmmakers and
promote authorized distribution
channels.
Establishment of
Appellate Tribunal:
The Bill suggests creating a different
Appellate Tribunal to consider appeals
of the CBFC's rulings. Filmmakers will
have an unbiased platform to contest
certification decisions that they
believe to be unjust or irrational
through this Tribunal. It is anticipated
that this action will improve
accountability and openness in the
certification procedure.
Online Streaming
Platforms
The bill's definition of the
requirements of internet streaming
platforms is one of its most
important elements. The
amendment seeks to include digital
platforms into the legal framework
in light of their rapid growth. It
suggests keeping an eye on and
regulating the content on these
platforms to make sure that set
content standards are followed.
Penalties and
Enforcement
Stricter sanctions and enforcement
methods for breaking certification and
content rules are included in the
Cinematograph Amendment Bill 2023.
By guaranteeing respect to the set
criteria and halting the spread of
harmful or objectionable content, this
seeks to deter offenders.
 Content Regulation
The change opens the door for changes to rules governing content regulation. In order
to adapt to shifting society norms and expectations, it aims to update and modernize
current legislation. The bill highlights the importance of producing content responsibly,
emphasizing diversity promotion, safeguarding the rights of marginalized groups in
society, and preventing the spread of false information and hate speech. The Bill
contains clauses requiring the CBFC to make sure that no film's content encourages
violence, bigotry, or obscenity. Additionally, it gives the government the authority to
set rules for movie theaters based on principles of morality and public order.
Opponents claim that these clauses might restrict free expression and artistic
expression, which raises questions about possible censorship.
 Legal Implications and Concerns
Right to Freedom Censorship vs. Data Privacy and
of Speech and
Expression
Certification Security
The move towards online
The Bill's provisions The shift from a certification requires robust
regarding content censorship-based approach to measures to ensure the
regulation have sparked a certification-based security and privacy of
debates about potential approach, as envisaged in the sensitive film content during
infringement of the Bill, is a positive step that the submission and
constitutional right to aligns with global practices. certification process. These
freedom of speech and However, proactive measures aspects need to be
expression. Balancing must be taken to mitigate the addressed
artistic freedom and risk of excessive regulation of comprehensively to gain
societal concerns films. the trust of filmmakers and
remains a key challenge stakeholders
Artistic Freedom
Ambiguity in Challenges in
vs. Censorship
Content Regulation of
Critics contend that the Guidelines Online Platforms
planned certification
There have been concerns The inclusion of online
procedure would lead to
regarding the lack of clarity in streaming platforms
aggressive censorship,
the content guidelines creates difficulties in
which might impede
established by the proposed formulating effective
artistic expression and
amendment. The stakeholders content regulation
freedom. Finding a
insist that precise definitions mechanisms. Striking the
balance between
and clearer frameworks are right balance between
defending cultural
essential to avoid subjective oversight and maintaining
norms and artistic
interpretation and potential the dynamism of digital
freedom is still a difficult
misuse of power platforms will be crucial to
task that needs careful
thought. ensure compliance
without stifling creativity.
 POTENTIAL IMPACT
Streamlined Increased Regulatory Challenges
Certification Process for Online Platforms
Accountability
● The certification Online streaming platforms
Greater enforcement may face challenges in
process is likely to
mechanisms and penalties adapting to new regulations
become more
for non-compliance are and ensuring compliance
comprehensive,
aimed at inducing while retaining their unique
ensuring that films
accountability within the character. Stricter oversight
are aligned with may alter the landscape of
industry. This could lead to
societal values and online content distribution in
more responsible content
cultural sensitivities. the long run.
creation and discourage
the distribution of
objectionable material.
 CONCLUSION
Critics argue that the proposed certification process would result in harsh censorship,
potentially impeding artistic freedom and expression. Striking a balance between
upholding cultural standards and artistic expression is still a challenging endeavor that
requires considerable consideration.
If successfully implemented, the proposed improvements could improve accountability
and transparency, prevent piracy, and improve the certification process. To guarantee
that the clauses don't unnecessarily restrict artistic expression, violate fundamental
rights, or raise privacy issues, however, much care must be used.
In order to make wise decisions and create a thorough structure that benefits all
parties involved in the film business, stakeholders, filmmakers, and legal experts must
have open discussions as the Bill moves through the legislative process.