2026 | Vol 2(7) | July
The Cinematograph (Amendment) Act, 2023
2026CURRENT ISSUE
The Cinematograph (Amendment) Act, 2023 was enacted to amend the Cinematograph Act, 1952, with the objective of modernizing India's film certification system, addressing film piracy, introducing age-based certification categories, and improving the legal framework governing public exhibition of films. The amendments reflect changes in technology, the growth of digital platforms, and the need to strengthen copyright protection while ensuring that the certification process remains transparent and relevant. The Act also aligns certain provisions with judicial decisions and current regulatory practices.
One of the significant changes introduced by the Act is the replacement of references to the traditional "UA" certificate with the expression "UA Certificate with any UA marker." This amendment lays the foundation for introducing different age-based categories under the UA classification. Instead of a single unrestricted UA category, the Act empowers the Central Government to specify age-related markers that better inform parents and guardians about the suitability of films for children of different age groups.
The Act further amends the provisions relating to the commencement of the principal legislation by omitting the proviso under Section 1(3). It also updates several definitions under Section 2 of the Cinematograph Act, 1952. New terms such as "Board," "certificate," "Chairperson," "member," "notification," and "prescribed" are incorporated or revised to reflect the restructured certification framework and current legislative drafting practices.
An important institutional change made by the Act is the renaming of the Central Board of Film Certification (CBFC). Throughout the Act, references to the "Board of Film Certification" are substituted for the earlier terminology, thereby updating the statutory name of the film certification authority responsible for granting certificates for public exhibition.
The amendment also revises the composition and functioning of the Board. Changes are made regarding the appointment of members and the qualifications and terms of office, providing greater flexibility to the Central Government in constituting the Board. These amendments aim to strengthen the administrative functioning of the certification authority while ensuring efficient processing of film certification applications.
A major reform introduced by the Act concerns the validity of film certificates. Under the original Cinematograph Act, certificates granted by the Board remained valid for a period of ten years. The 2023 amendment removes this limitation and provides that certificates issued for films shall remain valid perpetually. This change eliminates the need for producers or distributors to seek renewal of certificates after ten years, thereby reducing administrative burdens and simplifying long-term film distribution and exhibition.
Another important feature of the Act is the introduction of age-based certification categories within the UA classification. The Central Government is empowered to prescribe different UA age markers through rules. These categories are intended to provide more detailed guidance regarding the appropriate audience for films while allowing children below the specified age to view the film under parental or guardian supervision. This reform recognizes that children of different age groups have varying levels of maturity and helps parents make informed viewing decisions.
The Act also removes the revisional powers of the Central Government that previously existed under Section 6(1) of the principal Act. Earlier, the Central Government possessed authority to examine proceedings relating to certified films and issue directions to the Board. The amendment omits this provision, thereby giving statutory effect to judicial developments concerning the independence of the certification process. As a result, the Board's certification decisions are no longer subject to revisional intervention by the Central Government under the omitted provision.
One of the most significant objectives of the amendment is to combat film piracy, particularly unauthorized recording and exhibition of films in cinemas. The Act introduces new offences prohibiting any person from making or attempting to make an unauthorized recording of a film using audio or visual recording devices at a place licensed for film exhibition without written authorization from the copyright owner. Unauthorized transmission of such recordings is also prohibited.
In addition to unauthorized recording, the Act prohibits the unauthorized exhibition of infringing copies of films for profit at places not licensed for film exhibition or in violation of copyright law. These provisions are intended to protect the intellectual property rights of filmmakers and reduce financial losses caused by piracy.
The Act provides penalties for these newly created offences. Persons found guilty of unauthorized recording or exhibition may be punished with imprisonment ranging from three months to three years and a fine ranging from three lakh rupees up to five percent of the audited gross production cost of the film, whichever the court considers appropriate within the statutory limits. These penalties demonstrate the legislature's intention to deter piracy through stronger legal sanctions.
The amendment also clarifies that certain exceptions available under the Copyright Act, 1957 apply to these offences. Activities covered by statutory copyright exceptions, such as fair dealing for private or personal use, reporting of current events, criticism, review, or other legally permitted purposes, are not intended to be criminalized under the new provisions.
Overall, the Cinematograph (Amendment) Act, 2023 represents a significant modernization of India's film certification framework. It introduces age-based certification, grants perpetual validity to film certificates, strengthens measures against piracy, updates the institutional structure of the certification authority, and removes obsolete governmental revisional powers.
Reference:
The Cinematograph (Amendment) Act, 2023
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Law Justified Magazine is an open access, monthly, digital magazine, which publishes on legal issues majorly focusing on current legal developments for practitioners and professionals.
Frequency | Monthly
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Scope | Law
Language | English
Article Type | Short Article | Commentary
Starting Year of Publication | 2025