The Cinematograph (Amendment) Bill 2021: The Debate Of Rights v. Piracy

• Published date: 03 August 2021
• Subject Matter: Intellectual Property, Media, Telecoms, IT, Entertainment, Copyright, Broadcasting: Film, TV & Radio
• Law Firm: Khurana and Khurana
• Author: Raj Shekhar

The Ministry of Information and Broadcasting recently announced the Cinematograph (Amendment) Bill 2021 ('Bill', hereinafter). The bill has been aimed 'to tackle the menace of film piracy', and comes as an amended iteration of the Cinematograph (Amendment) Bill 2019 which received severe backlash from the industry experts. However, even the amended bill finds itself shrouded in controversy due to one of its provisions that provides revisionary powers to the Central Government ('Government', hereinafter). This effectively means that even if a film has received proper certifications, the government can re-direct the CBFC Chairman to re-examine it. Further, there are additional provisions that don't seem compatible with the existing anti-piracy provisions under the Copyright Act, 1957. This article tries to highlight the incongruency that exists between the laws and highlight the provisions which could undermine the fundamental rights. Towards the end, a strong conclusion has been drawn regarding the viability of such changes based on a due analysis of prospects and drawbacks of the bill.

The Backdrop: Why was the Amendment Proposed?

The issue of Indian film releases and certificate issuance is not a novel development and has continued for decades. The Central Board of Film Certification ('CBFC', hereinafter) in its past has come down harshly on many popular releases such as Haider (2014), Udta Punjab (2016), Lipstick Under My Burkha (2017), etc. These films tried to address themes of sexuality, feminism, revolution, etc which the CBFC considered too bold for public releases, and as a result, all the releases were made post-heavy cuts in these movies. However, the question that arises is - If the menace is decades-long, why bring a reform now? The answer to this question lies in the recent controversy surrounding the release of Amazon Prime Video's web series Tandav which was met with severe public outrage. The series was targeted and blamed for "misrepresenting" Hindu gods and hurting the religious sentiments which further led to a plethora of FIRs being filed. The present amended bill could be seen as a direct result of this controversy.

The Proposed Amendments: Analysing the Effects

The previous iteration of the bill which was introduced in 2019, under Section 7(4) had provisions to override the Copyright Act. The section penalized recording a film or sound recording being played or displayed, without the permission of the copyright owner, in the...