The Cinematograph (Amendment) Bill 2023, a progressive piece of legislation which aims at revolutionising the country's film industry, was recently enacted by the Indian Parliament.
This bill intends to stimulate creativity, safeguard intellectual property rights, and reduce the pervasive issue of piracy that has plagued the film industry, with a focus on copyright protection, rigorous anti-piracy measures, and a new age rating system.
It distinguishes itself by broadening the scope of the Cinematograph Act to include copyright protection.
This is a new measure, which alters the existing Cinematograph Act of 1952 and proposes a holistic strategy for addressing critical issues of filmmaking.
The measure empowers the film industry to defend its creative works from piracy and exploitation by enabling legal recourse against unauthorised audio-visual recording and dissemination of protected information.
Piracy has been a chronic threat that has resulted in significant losses for the Indian film industry. The Cinematograph (Amendment) Bill takes a strong stance against this illegal conduct by imposing harsh penalties on those who engage in piracy.
Those who engage in unauthorised recording and dissemination of copyrighted content face imprisonment ranging from 3 months to 3 years under the new laws.
They may also face fines ranging from Rs. 3 lakhs to 5% of the audited overall production cost.
Recognising the changing landscape of film distribution and the digital age, it protects the intellectual property rights held by filmmakers and content producers.
The bill attempts to dissuade future pirates and defend the interests of filmmakers and producers by creating fear of harsh punishments.
This bill strengthens the Central Board of Film Certification's (CBFC's) autonomy and assures that the certification process is neutral and free of undue interference, allowing filmmakers to express their creativity without undue constraints.
According to a Supreme Court order, the government would no longer have revisional rights over CBFC decisions.
The law establishes a new age rating system for films that require adult supervision, thus recognising the audience's sensitivities.
This revision is consistent with the Shyam Benegal Committee's recommendations and the IT Rules, 2021's graded-age categories for streaming services.
It provides parents with the information they need to make educated decisions about their children's film-viewing habits.
The present U/A rating has been replaced with three unique categories: U/A 7+, U/A 13+, and U/A 16+.
The measure intends to formalise the practice of recertifying films for television and "other media," lifting the ban on broadcasting adult-rated content.
This stage helps filmmakers to reach a larger audience while maintaining their artistic vision, giving them more possibilities for content distribution and promotion.
The Cinematograph (Amendment) Bill, 2023, has abolished the 10-year validity restriction on CBFC certificates. This change simplifies the filmmaking process and lowers bureaucratic barriers.
Filmmakers will no longer have to go through the inconvenience of renewing licences on a regular basis, as the certificates will now be valid indefinitely.
This bill is a comprehensive attempt to stimulate creativity and protect intellectual property rights by expanding copyright coverage, enacting rigorous anti-piracy measures, redesigning age ratings, and granting autonomy to the CBFC.
The passing of this bill indicates the government's dedication to fostering storytelling and protecting creators' rights, grounding this bill as a catalyst to showcase India’s rich cultural tradition and variety.
The Cinematograph (Amendment) Bill, 2023, is an important step forward in India's cinematic history, offering much-needed protection to filmmakers and content providers.
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