Current affairs

TNS Explainer: Why actor Suriya and other film fraternities are flaying Cinematograph (Amendment) Bill, 2021?

By alagu, 02 July, 2021
Cinematograph Bill, Cinematograph Bill, 2021, Kamalhaasan, Surya

Citizenship Amendment Act (CAA), National Registry of Citizens (NRC), National Population Register (NPR), Environment Impact Assessment (EIA), National Education Policy (NEP), and Farm bills - These reforms can better define the Modi regime, and not to forget demonetization and GST. None of these reforms played well in the country and haven't enjoyed significant reception. Such is the regime and the ruling party is keen to stretch its flawed arm towards every arena and now, it has kept its hand on Cinematograph Act. 

Every reform and amendment had stirred protests against the government across the country. EIA was slammed by the environmentalists, NEP was flayed by the educationalists, and Farm bills are agitated by farmers, who are still continuing to protest in Delhi for over six months with the sole demand of repealing the farm bills. Neither these bills were revoked nor the Center addressed the concerns of the protestors. In line with that, the Modi regime had now turned the reputed actors and filmmakers into protestors. 

From north to south, the celebrities of the cinema industry are breaking their silence and voicing against the Union government as the actors claim that the recent amendment would suppress their rights and would collapse the autonomy and independence of the censor board. According to reports, the Center has recently released the draft Cinematograph (Amendment) Bill 2021. The amendment will be made to the Cinematograph Act of 1952. 

The amendment proposes more power to the Union government and it can revoke the certificate of the Central Board of Film Certification (CBFC) to a movie. Currently, CBFC is the apex body that censors and certifies the movies that are to be released in India. The country's judiciary had kept the government's revisionary powers out of CBFC orders. In 2000, the Supreme Court had upheld an order of the Karnataka High Court striking down revisionary powers of the government over CBFC orders and certifications. 

While CBFC finalizes the certification for the movies so far, the latest amendment from the Center would empower the government to revoke the certification of the movie. This provision of repealing the certification and awarding more power to recertification didn't catch well with the film fraternities as they have been criticizing the provision and demanding the Center to withdraw it. Let's take a look at the amendment and how it stirred resentments from the fraternities, 

What are the changes proposed as the amendment to the Cinematograph Act: 

The Union Ministry of Information and Broadcasting has decided to invoke a provision to the Act giving revisionary powers to the Union government. As per the amendment, if Section 5B(1) of the act - principles for guidance in certifying films, is violated, the Center can intervene and can use its powers to repeal the decision of CBFC's certification. The draft has come days after the government has abolished the Film Certificate Appellate Tribunal (FCAT). 

FCAT is where the filmmakers would appeal to and challenge the certification granted to their movie by CBFC. With the lack of such tribunal, the government mulls to take the authority over CBFC. The draft has also proposed to give certificates to films for perpetuity, which is currently set for ten years. The ministry said that the provisions relating to certification of films under the 'unrestricted public exhibition' category are proposed to be amended and it would be sub-dividing the existing UA category into age-based categories. 

The movies will be categorized as - Category U (for unrestricted public exhibition), Category U/A (this requires parental guidance for children under 12. U/A will be further divided into three categories as per the age of children - U/A 7+, U/A 13+, and U/A 16+, and Category  A (for adult films). The ministry has also planned to add a provision to penalize film piracy. The bill proposes to insert section 6AA, which prohibits unauthorized recording. 

According to Section 6AA, "Notwithstanding any law for the time being in force, no person shall, without the written authorization of the author, be permitted to use any recording device in a place to knowingly make or transmit or attempt to make or transmit or abet the making or transmission of a copy of a film or a part thereof." If the law is violated, the punishment will be imprisonment not be less than three months. It may be extended to three years and with a fine of not less than Rs 3 lakh. 

Why actors and film fraternities are opposing the amendments? 

The fraternities say that the proposed amendments will make them weak at the hands of the state and more vulnerable to threats, vandalism, and intimidation of mob censors. They further say that undermining the sovereignty of the Censor Board and the Supreme Court, this provision will effectively give the Central government supreme power over cinema exhibitions in the country, potentially endangering freedom of expression and democratic dissent. 

Actor Suriya has staunchly voiced against the amendments. Taking to Twitter on Friday, Suriya wrote, "The law exists for protecting the freedom of expression. Not to strangulate it." As the Information and Broadcasting ministry has sought comments from people on the Draft Cinematograph (Amendment) Bill, 2021 by July 2, Suriya further said, "Today's the last day, go ahead and file your objections." Besides Suriya, several notable stars had held a banner of protest against the draft. 

Calling the draft as another blow to the film fraternity, over 1,400 filmmakers have signed an open letter to the Information and Broadcasting Ministry. Filmmakers like Anurag Kashyap, Vetri Maaran, Hansal Mehta, Nandita Das, Farhan Akhtar, Zoya Akhtar, and Dibakar Banerjee have also protested the draft amendments. Director Karthick Subbaraj said, "The proposed amendment to the Cinematograph Act, if implemented will be a big blow to freedom of Speech in Art. Please, endorse the statement to show that we stand for the Freedom of expression."

Earlier, Padma Shri actor Kamal Haasan said, "Cinema, media, and the literati cannot afford to be the three iconic monkeys of India. Seeing, hearing, and speaking of impending evil is the only medication against attempts to injure and debilitate democracy. Please act, voice your concern for freedom and liberty." The fraternities have come in solidarity in an unprecedented fashion and protesting to urge the Center to repeal the draft. It must be noted that farmers are protesting for over six months to repeal the controversial farm bills. 

 

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