Cinematograph Certification Rules 2024

The Cinematograph Certification Rules 2024 aims to streamline and modernize the film certification process in India. It attempts to keep pace with emerging technologies and advancements in the film sector in the digital age. Read here to learn about the new provisions.

The Central government has notified the Cinematograph Certification Rules 2024, to improve the process of certification of films for public exhibition.

The Ministry and the Central Board of Film Certification (CBFC) had extensively consulted with filmmakers, cinema owners, disability rights organizations, non-government organizations, film industry bodies, the general public, and other stakeholders, to ensure an all-encompassing and all-inclusive approach.

Cinematograph Certification Rules 2024

The government has notified the Cinematograph Certification Rules 2024 to improve the film certification process comprehensively.

Information and Broadcasting Ministry said the Rules have been comprehensively overhauled to improve and contemporize the entire process of certification of films for public exhibition.

• Age-based certification: The rules introduce age-based categories of certification by further subdividing the existing UA category into three age-based categories: seven years (UA 7+), 13 years (UA 13+), and 16 years (UA 16+), instead of 12 years.
• These age-based markers would be only recommendatory, meant for the parents or guardians to consider whether their children should view such a film.
• Gender equal board: In the CBFC Board, one-third of the members will be women and preferably half will be women.
• Certification timeline: Also, a new provision allows for the film to be screened expeditiously for certification, in case of any urgency felt by film-maker(s) due to their prior commitments to release the film.
• Validity of certificates: The new rules also provide perpetual validity of CBFC certificates, instead of the previous 10-year period.
• Film for television: An edited film for television broadcast, as only unrestricted public exhibition category films can be shown on television, will be recertified.
• Accessibility: The government has notified the guidelines for the accessibility of persons with hearing and visual impairment to films.
• Feature films: The feature films that are for public exhibition in cinema halls/movie theatres for commercial purposes will have to follow the guidelines.
• Compliance timeline: All the films to be certified in more than one language have to comply with the rules within six months and the others within two years.
• Starting January 1, 2025, films submitted for prestigious events like the National Film Awards and the International Film Festival will also need to comply with the guidelines.
• Implementation: A dedicated committee appointed by the Ministry, with half its members being persons with hearing/visual disabilities and representatives from the film industry, will oversee the implementation.

Cinematograph Amendment Act, 2023

The Act amends the Cinematograph Act, of 1952.  The last significant amendments in the Cinematograph Act, of 1952 were made in the year 1984.

• The Act constitutes the Board of Film Certification for certifying films for exhibition.
• Such certifications may be subject to modifications/deletions.
• The Board may also refuse the exhibition of films.

The landmark act aims to comprehensively curb the menace of ‘Piracy’ causing losses of Rs 20,000 Crores to the film industry, based on certain estimates.

• The provisions include a strict punishment of a minimum of 3 months imprisonment and a fine of Rs. 3 lakhs which can be extended up to 3 years imprisonment and a fine up to 5% of the audited gross production cost.

Key amendments to the Cinematograph Act are:

• The act attempts to address the issue of unauthorized recording and exhibition of films and curb the menace of film piracy by the transmission of unauthorized copies on the internet.
• The act attempts to improve the procedure for certification of films for public exhibition by the Central Board of Film Certification, as well as improve categorizations of the certifications of the films.
• The act attempts to harmonize the law with extant executive orders, Supreme Court judgments, and other relevant legislations.
  1. Provisions to Check Unauthorised Recording and Exhibition of Films Amounting to Piracy: To check film piracy by way of cam-cording in the theatres; and most importantly also prohibit any unauthorized copying and online transmission & exhibition of a pirated copy of any film, strict penal provisions have been incorporated.
  2. Age-Based Certification: Introduction of age-based categories of certification by further sub-dividing the existing UA category into three age-based categories, viz. seven years (UA 7+), thirteen years (UA 13+), and sixteen years (UA 16+), instead of twelve years. These age-based markers would be only recommendatory, meant for the parents or guardians to consider whether their children should view such a film.
  3. Aligning with the Supreme Court Judgements: Omission of Revisional Powers of Central Government as per judgment of Supreme Court in the case of K.M. Shankarappa vs Union of India (2000).
  4. Perpetual Validity of Certificates: Removal of the restriction in the Act on the validity of certificates for only 10 years for perpetual validity of certificates of Central Board of Film Certification (CBFC).
  5. Change of Category of Film for Television: Recertification of the edited film for Television broadcast, as only Unrestricted Public Exhibition category films can be shown on television.
  6. Reference to Jammu and Kashmir: Omission of references to the erstwhile State of Jammu and Kashmir in line with the Jammu and Kashmir Reorganisation Act, 2019.

Indian Film Industry

The Indian film industry is one of the biggest and most globalized industries in the world producing more than three thousand films annually in more than 40 languages.

• These new rules aim to streamline and modernize the film certification process for the digital age, keeping pace with emerging technologies and advancements in the film sector.
• The key aspects include a reduction in timelines for the processing of film certification and adopting complete digital processes to eliminate all transactional time.
• Movies and feature films will have accessibility features for certification to make it inclusive for differently-abled persons, as stipulated in the guidelines issued in this regard from time to time.

As one of the largest centers of film production in the world, it plays a vital role in the country’s economy through various channels such as employment, revenue generation, and its contribution to the GDP.

Employment Generation:

• The film industry is a major employment generator, providing jobs directly and indirectly to a vast number of people.
• Apart from actors and directors, it employs a wide range of professionals including technicians, cameramen, scriptwriters, editors, sound engineers, makeup artists, set designers, and many more.
• Additionally, it supports ancillary industries such as tourism, hospitality, and transportation.

Revenue Generation:

• The Indian film industry generates substantial revenue through box office collections, overseas sales, digital streaming, music rights, and satellite rights among others.
• Bollywood alone produces over 200 films a year, attracting audiences both domestically and internationally.
• Regional cinemas such as Tamil, Telugu, Bengali, and Marathi also contribute significantly to the industry’s revenue.

Contribution to GDP:

• The film industry contributes significantly to the Gross Domestic Product (GDP) of India.
• According to reports from the Federation of Indian Chambers of Commerce & Industry (FICCI), the media and entertainment sector, with the film industry as a key component, has been showing robust growth over the years.
• This growth is not only reflective of domestic consumption but also of the increasing appeal of Indian movies in international markets.

Promotion of Tourism:

• Indian films have a considerable impact on promoting tourism.
• Many domestic and international tourists are drawn to locations featured in popular films. States like Rajasthan, Goa, and Kerala, as well as countries like Switzerland and Spain, have seen a surge in tourists wanting to visit places where famous movies were shot.
• This phenomenon has led to what is often referred to as “film tourism”, boosting local economies.

Soft Power:

• The Indian film industry also serves as a form of soft power, enhancing India’s image and influence on the global stage.
• Bollywood and other regional films have found audiences across the world, not just among the Indian diaspora.
• Indian film festivals around the globe, the increasing presence of Indian actors in Hollywood, and collaborations between Indian and international film industries contribute to this soft power.

Conclusion

The Cinematograph (Amendment) Act, 2023 will go a long way in curbing the menace of piracy and also empower of Indian Film Industry with Ease of Doing Business.

The Cinematograph Certification Rules 2024 will pave the way for persons with hearing and visual impairments to fully experience the cinema fostering their inclusion in mainstream society.

Related article: Creator economy

-Article by Swathi Satish