As part of
the draft Cinematograph (Amendment) Bill 2021, the Centre proposes amending
provisions under the original Cinematograph Act of 1952 to give itself “revisionary
powers” and the ability to “re-examine” films cleared by the Central Board of
Film Certification (CBFC).

The draft
is open to comments from the general public until July 2, according to the
Indian Express.

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Here is a
look at the proposed changes:

Revision of certification:

The Ministry
of Information and Broadcasting has proposed adding a provision that will give
the Centre revisionary powers in connection with violations of Section 5B(1)
(principles for guidance in certifying films). Section 6 of the current Act already
gives the Centre the power to inspect records of a film’s certification
process.

The
ministry said that the revision will enable the Centre to reverse decisions made
by the film Board, if the situation warrants such a step. Currently, the Centre
cannot use its revisionary powers on films that have already been certified by
the CBFC, after a judgement by the Karnataka High Court, which was upheld by
the Supreme Court in 2020.

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The draft Bill
also makes it easier for the government to intervene.

“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.

The draft
comes after the dissolution of the Film Certificate Appellate Tribunal, a body
which heard filmmakers’ appeal against CBFC orders. Filmmakers like Adoor
Gopalakrishnan see the draft Bill a “super censor”.

Age-based certification:

The draft
also proposed the introduction of new age-based classification of films. Currently
there are three categories – ‘U’ for unrestricted public access, ‘U/A’ meaning
parental guidance is needed and ‘A’ for adult films.

The draft
proposes introducing categories like U/A 7+, U/A 13+ and U/A 16+, in line with
the new IT rules for streaming platforms.

Protection against piracy:

The ministry
said that the original Act does not address concerns around piracy and proposes
adding a Section 6AA to prohibit unauthorized recording. Violations of the
rules will be punishable for a term not less than three months my may extend till
three years and a fine not less than three lakhs but may extend to 5% of the
audited gross production cost of the film.

Permanent certificate:

The draft
also proposes to certify films permanently. Currently, the CBFC issues film certification
for a period of 10 years.