Proposed Cinematograph Bill creates apprehension amongst Indian film fraternity

Proposed Cinematograph Bill creates apprehension amongst Indian film fraternity

The proposed amendments to existing laws have met with mixed reactions. While some provisions have been welcomes, filmmakers are apprehensive of re-censor of certified movie

The decision of the Indian authorities to circulate the draft of a new Cinematograph (Amendment) Bill has triggered scepticism among the film fraternity, fearing that it might end up snatching their freedom and liberty.

The Ministry of Information and Broadcasting (MIB) had recently released a draft of the proposed Bill that aims to amend the existing Cinematograph Act, 1952.

The Indian authorities have been under fire for introducing new legislations that intends to curb the circulation of fake news on social media and regulate new content of online media. The proposed Cinematograph Bill is being seen as another step taken by the incumbent government in the same direction. Social media platforms like Facebook and Twitter are already locked in a legal war against the government in the Delhi High Court while the Madras High Court had last week issued notice to the Union of India while accepting a writ petition filed by the Digital News Publishers Association.

While certain features appear revolutionary and well-intended, one of the provisions under the proposed Cinematograph Bill that led to raised eyebrows, which relates to equipping the MIB to become a Super Censor and give it authority to re-censor a movie already certified by the Central Board of Film Certification (CBFC).

The existing 1952 Act, in Section 6, already equips the Centre to call for records of proceedings in relation to a film's certification, the proposed amendment means that the Central Government, if the situation warranted, has the power to reverse the decision of the CBFC.

It is widely felt that the Central Government felt the need to bring in the amended Bill after a Karnataka High Court judgement that the Centre cannot use revisionary powers on films that have already been granted certification by the CBFC. The High Court judgement was subsequently upheld by the Supreme Court in November 2020.

The present draft comes shortly after the abolition of the Film Certificate Appellate Tribunal, which was the last point of appeal for filmmakers against the certificate granted to their film. This effectively will increase the workload of courts and filmmakers unhappy with the CBFC decision are now forced to knock on the doors of the judiciary for redressal of their grievances.

"…It is also proposed in the Draft Bill to add a proviso to sub-section (1) of section 6 to the effect that on receipt of any references by 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 Ministry said in a statement.

The proposed amendment also empowers the government to review even old movies, leading to questions being raised about the intensions of the authorities.

Indian filmmakers have been at the receiving end of religious and caste-based groups over objectionable projection of a community or distortion in historical facts, leading to protests and agitations. The filmmakers were often forced to rename their movies or delete the objectionable scenes. One such movie was Sanjay Leela Bhansali's Padmaavat while another movie Tandav released on the OTT platform was dragged to the court, forcing the filmmaker to delete certain scenes to satisfy some people proclaiming to be representing one dominant Indian community. An underproduction movie Prithviraj featuring popular actor Akshay Kumar is already receiving threats over the alleged distortion of historical facts.

On the positive side, however, are the proposals to restrict unauthorised recordings of films with stiff penalties by adding more teeth to the Copyright Act, 1957 to combat piracy and new and a new system of age-based certification of films like 6+, 12+ and 17+ instead of the existing U, UA and A certification system.

The MIB explained that the draft proposes to add Section 6AA that will prohibit unauthorised recording. The proposed section states, "notwithstanding any law for the time being in force, no person shall, without the written authorisation of the author, be permitted to use any audio-visual recording device in a place to knowingly make or transmit or attempt to make or transmit or abet the making or transmission of a copy of a film or a part thereof".

Violation 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 Rs 3 lakh but which may extend to five per cent of the audited gross production cost or with both".

The draft proposes to certify films for perpetuity. Currently, a certificate issued by the CBFC is valid only for 10 years.

These measures have already been welcomed by the film fraternity. The proposal to re-censor a movie may end up being questioned in court if it gets a nod from the Parliament.