Context:
Ministry of Information and Broadcasting has set up an institutional mechanism under the Cinematograph (Amendment) Act 2023 to curb film content piracy.
- Under it, Nodal Officers have been appointed from Central Board of Film Certification (CBFC) and the Ministry to receive complaints against piracy.
What is the mechanism?
- An original copyright holder or any person authorised by them can file complaint.
- For complaints by non-authorized persons, the officer can hold hearings on a case to case basis to decide its genuineness.
- After directions from officer, the intermediaries (digital platform) have to remove internet links hosting pirated content within a period of 48 hours.
Key Provisions – Cinematograph (Amendment) Act 2023:
| Specifications | Details |
| It supports the existing laws viz. the Copyright Act, 1957 and the Information Technology Act (IT) 2000. | |
| Anti-Piracy Provisions | Prohibits the unauthorised recording and unauthorised exhibition of films and makes it a punishable offence under the provisions of Copyright Act, 1957.Punishment –Jail Term: Imprisonment from 3 months to 3 years.Fine: From ₹3 lakhs to 5% of the audited gross production cost |
| Age-Based Certification | 3 age-based certifications under ‘UA’ category —’UA 7+’, ‘UA 13+’ and ‘UA 16+’. Meant for parents or guardians to consider whether their children should view such a film.These are only recommendatory. |
| Separate certificate for television/other media | Films with an ‘A’ or ‘S’ certificate will require a separate certificate for exhibition on television, or any other media prescribed by the central government. |
| Certificates to be perpetually valid | Certificates will be perpetually valid as opposed to the present validity of 10 years. |
| Revisional powers of central government | Omits section 6(1) of the Act as directed by Supreme Court in Union of India vs KM Shankarappa Case, 2000 which states that Centre cannot exercise revisional powers on films already certified by the CBFC. |
About Central Board of Film Certification (CBFC):
- Statutory body under Ministry of Information and Broadcasting.
- Mandate – It regulates public exhibition of films under provisions of Cinematograph Act 1952.
- Vision – To ensure the good and healthy entertainment in accordance with provisions of Cinematograph Act 1952 and Cinematograph (Certification) Rules 1983.
- Mission –
- Make certification process transparent and responsible;
- Develop CBFC as a Centre of Excellence;
- Adopt modern technology for certification process etc.
- Composition – Consists of non-official members and a Chairman (all of whom are appointed by Central Government).
- HQ: Mumbai
Source: News on Air
Previous Year Question
Consider the following statements:
Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements?
[UPSC Civil Services Exam – 2023 Prelims]
(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
Answer: (a)
