Tag: Cinematograph Act

  • Karnataka High Court rejects plea to regulate online content under Cinematograph Act

    Karnataka High Court rejects plea to regulate online content under Cinematograph Act

    MUMBAI: The films, serials and other multimedia contents transmitted, broadcast or exhibited through internet platforms an donline streaming platforms like Hotstar, Amazon Prime, Netflix and Alt Digital, cannot be regulated under the Cinematograph Act, 1952. The Karnataka High Court on Wednesday held the order while rejecting a plea made in a public interest litigation (PIL), according to a report in The Hindu.  

    The petition was filed by a Bengaluru resident Padmanabh Shankar which was heard by a division bench comprising chief justice Abhay Shreeniwas Oka and justice Mohammad Nawaz.

    The division bench said that he act of exhibition of films, serials and other content perhaps amounts to transfer of files based on requests by users as per  the concept of internet and its operation. Hence, transfer of files or films, serials through the internet can not come under the purview of Cinematograph Act.

    However, the bench said that it hopes that the union government will find a solution in public interest within the four corners of the law if the petitioner submits a representation seeking regulation of content of online streaming platforms.

  • MIB proposes amendment to Cinematograph Act to combat piracy

    MIB proposes amendment to Cinematograph Act to combat piracy

    MUMBAI: No online content is free of the hassle of battling piracy in India. The multi-million dollar film industry is arguably the most affected by piracy. Therefore, the Ministry of Information and Broadcasting feels a necessity to have an enabling provision in the Cinematograph Act, 1952.

    In a press release, MIB has proposed for the introduction of the Cinematograph Act (Amendment) Bill for the inclusion of a new sub-section (4) of section 7 of the act while penalties for contravention of provisions for certification of films for public exhibition are given under section 7.

    MIB has also sought comments from the general public on the amendment by 2 February 2019. Comments can be submitted via email and in exceptional cases, submissions by post will be accepted.

    The new sub section has been proposed with the following text:

    “Notwithstanding any law for the time being in force including any provision of the Copyright Act, 1957, any person who, during the exhibition of an audiovisual work, cinematographic in an exhibition facility used to exhibit cinematograph films or audiovisual recordings and without the written authorisation of the copyright owner, uses any audiovisual recording device to knowingly make or transmit or attempt to make or transmit or abet the making or transmission of a copy or visual recording or sound recording embodying a cinematograph film or audiovisual recording or any part thereof or a copy of sound recording accompanying such cinematograph film or audiovisual recording or any part thereof during subsistence of copyright in such cinematograph film or sound recording, shall be punishable with imprisonment not exceeding three years and shall also be liable to fine not exceeding Rs.10 Lakhs, or to a term of imprisonment for a term not exceeding three years or both.”

  • CBFC gets Rs 7.12 crore during 2014-15, even as Govt stresses on its autonomy

    CBFC gets Rs 7.12 crore during 2014-15, even as Govt stresses on its autonomy

    NEW DELHI: Even as the government says that the independence of the Central Board of Film Certification (CBFC) is guaranteed in the Cinematograph Act, 1952 and it will not interfere in its working, the CBFC is totally dependent on the Information and Broadcasting (I&B) Ministry as far as its budget goes.

     

    The I&B Ministry provides funds to the Board under Non-Plan and Plan allocations.

     

    During 2014-15, the CBFC’S Non-Plan estimated budget allocation was Rs 7.01 crore, which was revised to Rs 7.12 crore. The estimated Plan allocation was Rs 2 crore, which was revised to Rs 70 lakh.

     

    With the recent differences between CBFC members and its chairperson Pahlaj Nihalani, the members are looking at the Ministry for help as they and the chairperson are appointed Section 3 of the Cinematograph Act, 1952.

     

    Interestingly, the Section also says in clause (3) that the other terms and conditions of service of the members of the Board shall be such as may be prescribed. 

     

    The other sections are clear that the Board will consist of a chairman and not less than 12 and not more than 25 other members appointed by the Central Government.

     

    Furthermore, the Section says, “Chairman of the Board shall receive such salary and allowances as may be determined by the Central Government, and the other members shall receive such allowances or fees for attending the meetings of the Board as may be prescribed.”

  • CBFC set to become more liberal

    CBFC set to become more liberal

    NEW DELHI: Even as it wants the government to approve a late-night slot for adult-rated films on satellite television, the Central Board of Film Certification has asked the Information and Broadcasting Ministry (I&B Ministry) to amend the existing Cinematograph Act 1952 and introducing more certification categories such as UA-15 (nobody under 15 can watch the film) as opposed to the broader and the often-violated UA (universal viewing in the presence of an adult).

     

    In a statement issued by eminent danseuse and CBFC Chairperson Leela Samson, members should be debarred from serving more than two consecutive terms.

     

    The statement issued after a meeting with senior officials in the Ministry including Joint Secretary (Films) Raghvendra Singh, Samson said cine-literate members who have been recommended by the CBFC chairperson should be taken on the examining committee’s advisory panel, the first set of people that certifies films.

     

    A Ministry official told indiantelevision.com that it would examine the recommendations and take an early decision as it was keen to move the amendments to the 1952 Act and has already placed a version of the amendments on the website of the Ministry.

     

    However, the chances of any changes are unlikely in the immediate future since the election code may come into force and in any case the Government is keen to pass some anti-corruption bills in the coming session.

     

    She said the CBFC delegation told the Ministry officials that the recommendations should be taken “seriously so that we can have more cinema savvy and informed people who view and certify films.”

     

    Another recommendation is for organising workshops to guide new advisory panel members in the process of certification.

     

    Samson said the aim of the meeting was to urge a more progressive attitude towards certifying films in India, moving away from the concept of censorship to that of certification.

     

    She said the meeting had gone over “some radical recommendations” that were “likely to see far-reaching changes in the way films are certified” if accepted and implemented.

     

    The immediate reason for the meeting – which was held even as the Ministry is giving a final shape to the amendments to the 2952 Act – appears to be the recent suggestions by new CBFC chief executive officer Rakesh Kumar for stricter censorship. This had led to several statements from different quarters and led to some tension between the Board and some conservative members of an examining committee.

     

    “This Board has always interpreted certification guidelines in the most sensitive, liberal and progressive way, reflecting the rapidly maturing sensibilities of our audiences,” she said in the statement. “However, several roadblocks have prevented it from implementing this changed outlook. To resolve this situation, we have today given a list of recommendations to the Ministry.”

     

    She said censorship must be replaced with certification, and the Board’s job is to give the film its appropriate certificate rather than suggest cuts.

     

    Her opponents and some private litigants have filed public interest litigations in various courts against the Board and believe that CBFC must act as the custodian of public morality and must, if necessary, trim scenes of sex, violence, profanity and vulgarity.

     

    Earlier, the Board had initiated a few measures to make the transition towards certification, such as organising state-level film orientation workshops and a festival titled Cut Uncut to discuss the history and ramifications of censorship.

     

    Within the Board, the move towards certification, which is distinct from censorship, has resulted in the contentious decision to certify films with a UA or an Adults only certificate with either zero or minimal cuts. But this has led to some controversy.

     

    Observers also said that a lot would depend on the government that will come into power after the elections as some members were political appointees. 

     

    A spokesperson for the Film Federation of India said on phone from Mumbai that the industry was in favour of a more liberal form of certification, particularly in view of the new media.

  • Empowered Committee recommends re-drafting of Cinematograph Act 1952

    Empowered Committee recommends re-drafting of Cinematograph Act 1952

    NEW DELHI: The empowered Committee under the chairmanship of retired Punjab and High Court Chief Justice Mukul Mudgal has submitted a fresh draft of the Cinematograph Act 1952 to incorporate its recommendations related to certification of films and piracy issues.

     

    In its report submitted to Information and Broadcasting Minister Manish Tewari today, the Committee has also dealt with issues such as advisory panels, guidelines for certification and issues such as portrayal of women, obscenity and communal disharmony, classification of Films and jurisdiction of the Film Certification Appellate Tribunal (FCAT).

     

    The Committee also gave its views on advisory panels in different parts of the country to the Central Board of Film Certification; apart from ways to deal with video piracy.

     

    A thorough review of the Cinematograph Act has also been undertaken in the light of developments over the last six decades.

     

    The Censorship Guidelines were last amended on 6 December 1991. The Board presently consists of non-official members and a chairman (all of whom are appointed by Central Government) and functions with headquarters at Mumbai. It has nine Regional offices/Advisory Panels, one each at Mumbai, Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New Delhi, Cuttack and Guwahati. The Regional Offices are assisted in the examination of  films by Advisory Panels. The members of the panels are nominated by Central Government by drawing people from different walks of life for a period of two years.

     

    The committee was constituted by the Ministry on 4 February 2013 and held several meetings during its eight-month tenure with various stakeholders. These meetings were held in Chennai, Delhi, Mumbai and Kolkata. Eminent persons connected with the film sector were invited by the Committee to present their views. The Committee also held discussions with members and officials of CBFC, officials of the Animal Welfare Board of India, Chairperson of BCCC, representatives of the Film Federation of India, the Films and Television Producers Guild of India and the Multiplex Association of India.

    Other members of the Committee are former I and B Secretary Uday Kumar Varma; FCAT Chairman Lalit Bhasin; former CBFC Chairperson Sharmila Tagore; eminent film lyricist Javed Akhtar; CBFC Chairperson Leela Samson; South Indian Film Chamber of Commerce Secretary and former Film Federation of India President L Suresh; Supreme Court advocate Ms Rameeza Hakim, and I and B Joint Secretary (Films) Raghvendra Singh who was the member convener.