Expressing views on The Cinematography (Amendment) bill 2023

Expressing views on The Cinematography (Amendment) bill 2023

INTRODUCTION

The artistic medium of cinema can be used to convey ideas, narratives, and points of view. More than most other forms of communication, the internet has a bigger overall influence and presence in our daily lives. The term "cinematography" refers to the study and practise of film photography. Cinematography is demonstrated by the decisions taken when a scene is being filmed regarding lighting, camera filters, and lens design. 

On July 20, 2023, the Cinematograph (Amendment) Bill, 2023, was presented in the Rajya Sabha.   The Cinematograph Act of 1952 is modified by the Bill.  The Board of Film Certification is established under the Act to certify films for viewing.  Such certifications could be changed or eliminated.  The Board may also forbid a film from being shown.

MAIN OBJECTIVES OF THE BILL:

AGE BASED RESTICTIONS:

According to age, the Bill establishes certain new certificate categories. In accordance with the Act, a movie may be approved for showing in one of the following ways: 

1. without restrictions (U); 

2.  without restrictions, but with parental or guardian supervision for children under 12 years old; (UA); 

3.  only for adults (A); or 

4.  only for members of any profession or class of people (S). 

To also reflect age-appropriateness, the Bill replaces the UA category with the three categories listed below: 

1. UA 7+,

2. UA 13+

3. UA 16+

TV/OTHER MEDIA CERTIFICATES ARE ISSUED SEPARATELY:

Films rated for adults have never been permitted on television since a 2004 Bombay High Court decision. This mechanism, which also allows recertifying films for television and "other media," is made official by the bill. According to this Act, a unique certificate is required for films with a "A" or "S" rating to be broadcast on television or in any other medium required by the federal government.

PUNISHABLE UNPERMITTED RECORDING AND DISPLAY:

The Bill forbids engaging in or aiding in 

1. illegal recording and

2. illegal film showing.  Making an unauthorised recording attempt is likewise illegal.  

The following violations are subject to punishment: 

1. a term of imprisonment ranging from three months to three years; and 

2. a fine ranging from three lakh rupees to 5% of the audited gross production cost.

The mentioned offences are likewise exempt from some provisions of the Copyright Act of 1957.

1. private or personal use, 

2. reporting of current affairs

3.  restricted use of copyrighted content without the owner's consent.

RIVISIONARY POWER OF CENTRAL GOVT:

The Act gives the federal government the authority to assess films that have received certification or are in the process of receiving certification and to issue orders.  The Board must resolve issues in accordance with the order.  The Bill strips the federal government of this authority.  

CERTIFICATES TO REMAIN VALID INDEFINITELY:

The Board's certificate is legitimate for 10 years under the Act.  The Bill stipulates that the certificates shall remain valid indefinitely.

CRITICISM:

There is currently a statutory authority that was established by the Act for the aim of censorship and awarding certificates. According to the Act, the Censor Board's independence will be constrained. Due to the process's extension and subsequent increase in censorship, the generating companies will suffer large financial losses. Due to the influence of the government, several scenes and phrases that might have been in the film may not have been. As a result, this will restrict an artist's capacity for creativity and craftsmanship. The ability of individuals to express themselves may be severely hampered by this. The section also gives the central government the right to revoke an already-approved certificate. 

If the central government is given revisional powers, producers won't be able to be assured that their movie will be certified since even once it is, there is a potential that it will be reevaluated and go through a subsequent certification. People from different cultures will have different perspectives because India is a place where there are many different cultures. Regardless of whether they have certification, reviews of films from a cultural standpoint will always produce a moralistic and subjective assessment of the films.

CONCLUSION:

The new Cinematograph (Amendment) Bill, 2023, is a significant step towards preventing and combating the long-standing issue of film piracy in the film industry. Giving the Central government revisional jurisdiction, however, will result in great discomfort and harassment for the film industry. tries to overturn the Supreme Court's decision and restore its power to make changes. As soon as they introduce a new level of censorship, the Central Government will have a great deal of power.

All thanks to the Amendment Act, if the Censors Board refuses to certify their work or just offers it partial authorization after it is abolished, filmmakers will now have to move to the High Court. The movie's release will be delayed as a result of the increased workload on the High Courts. Although some elements may need to be changed to establish a balance between the interests of the government and the film industry, the goals of the proposed revisions are generally sensible.

**Author:- Muhammed Aslam, Student at Symbiosis Law School, Hyderabad