NEW DELHI: The Cinematograph (Amendment) Bill, 2023, which was passed in the Rajya Sabha on Thursday, has sparked heated debates and raised concerns over censorship and government interference in the Indian film industry. While the primary aim of the Bill is to combat film piracy, critics argue that its provisions may have unintended consequences, leading to potential misuse of power and stifling creative freedom.

The central focus of the Bill is on curbing piracy, with strict prohibitions on unauthorized recording and exhibition of films. According to a report by Ernest and Young, the Indian film industry suffered a staggering loss of approximately Rs. 18,000 crore in 2019 due to piracy, making it a pressing issue that requires effective solutions.

However, non-NDA or opposition parliamentarians question the government’s ability to tackle sophisticated digital crime effectively. Former senior bureaucrat turned politician Jawhar Sircar, Trinamool Congress (TMC) Upper House member argued that a quasi-judicial body- such as the Censor Board, may not be equipped to function like a law enforcement agency. Concerns arise about the potential misuse of power by corrupt inspectors, leading to threats and blackmail against innocent cinema exhibitors.

The Bill includes imprisonment ranging from 3 months to 3 years and hefty fines ranging from Rs. 3 lahks to Rs. 10 lahks for unauthorized recording and exhibition of films. The former CEO of Prasar Bharti also underlined that such extensive powers may inadvertently lead to abuse of authority and intimidation tactics by unscrupulous officials, thereby creating an environment of fear and hostility in the industry.

Meanwhile, apart from the opposition MPs, experts and critics also feel that the removal of the central government’s appellate powers has raised eyebrows. They argue that the government should not interfere in the functioning of the Censor Board, which is meant to be an autonomous body.

Recent incidents of the Minister threatening officials over scenes deemed offensive in a Hollywood film raise questions about the government’s role in film certification and promotion.

Some opponents of the Bill also accuse the government of using censorship as a tool to advance its own political agenda. Films that promote divisive narratives have reportedly been certified and supported through publicity and tax exemptions, raising doubts about the impartiality of the decision-making process.

The proposed reclassification of film certification from the UA category to UA 7+, UA 13+, or UA 16+ has been met with criticism, as it may complicate matters for cinema hall owners. Balancing age-appropriate content could prove challenging and result in either laxity or overly strict enforcement, leading to potential public backlash.

Another controversial provision is the requirement for separate certificates for films with an ‘A’ or ‘S’ certificate before they can be exhibited on television or other media platforms. Critics argue that this constitutes unnecessary bureaucratic and political interference in the television industry and could also affect OTT films on platforms like Netflix and Amazon, potentially giving the government room for undue arm-twisting.

As the Cinematograph (Amendment) Bill, 2023 continues to be debated in the corridors of power, industry stakeholders, filmmakers, and citizens alike hope for a balanced and comprehensive approach that addresses the crucial issue of piracy while safeguarding creative freedom and preventing potential misuse of power.

The government’s role in maintaining order and protecting the industry is crucial, but striking the right balance remains a delicate challenge that demands careful consideration.