India readies to publish India’s Cinematograph (Amendment) Bill
India’s Cinematograph (Amendment) Bill 2023, intended to supersede the Cinematograph Act of 1952, is on the brink of official notification following its passage through both houses of parliament. This legislative move aims to modernize film regulation, encompassing certification, exhibition, and censorship, particularly addressing issues prevalent in the digital domain such as online piracy and copyright violations.
The proposed Sections 6AA and 6AB of the Cinematograph (Amendment) Bill 2023 aim to combat digital piracy by prohibiting the use of audio-visual recording devices in licensed film venues with the intent to infringe upon the film’s copyright. However, criticisms have arisen regarding the absence of fair use provisions, potentially impeding legitimate use of copyrighted material for non-commercial purposes. While these measures could decrease unauthorized sharing of films, they might also restrict educational or critical usage of film excerpts.
Moreover, concerns linger about the severity of penalties for first-time offenders and the ambiguity surrounding certain provisions. Stakeholder collaboration is deemed vital in effectively combating piracy, with policymakers and legal professionals playing pivotal roles in this endeavor.
The bill also grants the Indian government authority to hold intermediaries—online platforms hosting or distributing films—accountable for their involvement in digital piracy. It appoints nodal officers to oversee takedown requests and ensure compliance by digital platforms. However, clarity is needed regarding the bill’s applicability to Over-the-Top (OTT) platforms, whose role in film distribution and piracy prevention is evolving.
While challenges persist in India’s film industry legislation, there are bright spots, such as the concept of ‘dynamic injunctions’ pioneered by the Delhi High Court. These court orders can adapt to changing circumstances, bolstering piracy mitigation efforts.
Incorporating the concept of dynamic injunctions into the Cinematograph (Amendment) Bill 2023 could bolster piracy prevention measures, facilitating more adaptable legal responses.
Overall, the Cinematograph (Amendment) Bill 2023 represents a pivotal moment in India’s cinematic landscape, aiming to strike a balance between intellectual property protection and creative expression in the digital age. Addressing remaining limitations will be crucial to its effectiveness in combating piracy and nurturing industry growth.
In a related development, the central government of India notified the Cinematograph (Certification) Rules, 2024 in March 2024. These rules aim to enhance the film certification process by refining categorizations, ensuring films reach their intended audiences more effectively.
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