The Cinematograph (Amendment) Bill, 2023: Key Reforms And Their Significance

Aananya Atri

Introduction

In around four decades, India has comprehensively updated the legal framework for the governance of film certification and exhibition for the first time. The Cinematograph (Amendment) Bill, 2023—now enacted as the Cinematograph (Amendment) Act, 2023 (Act 12 of 2023) which transforms the Cinematograph Act, 1952 to deal with online and camcording piracy, introduce nuanced age-based certification, and streamline compliance for filmmakers. The bill was first introduced in the Rajya Sabha on July 20, 2023, following this the bill was passed by the Rajya Sabha on July 27 and by the Lok Sabha on July 31.Eventually it received Presidential final assent on August 4, 2023.

Background

The 1952 Act established the Central Board of Film Certification (CBFC) and provided broad categories of certification—‘U’, ‘UA’, ‘A’ and ‘S’. However, there was a necessity for review due to rapid changes in film production, distribution, and consumption,especially the rise of digital platforms. Multiple attempts have been made to bring down successful 2023 amendments since 2019 to craft a coherent response to piracy and to refine age classifications. The final bill passed in July 2023 structured graded UA categories, strengthened anti‑piracy provisions incorporating offences for unauthorised recording and exhibition,and additionally deleted the Union government’s revisional powers over certified films to line up the statute with key Supreme Court jurisprudence.The government proposed the alteration as an anti‑piracy and ease‑of‑doing‑business push, considering the scale of current economic losses and the demand to modernise certification. Broad support was noted from selective film industry bodies,primarily from producers and distributors for the tougher anti‑piracy measures and the sub‑division of ‘UA’ into age‑specific markers.While directors and creative filmmaker associations are apprehensive about creative freedom.Industry commentary also welcomed perpetual validity of certificates and the clearer pathway for television exhibition of edited versions of ‘A’/‘S’ films, while acknowledging that debates about the scope of certification cuts would likely continue.

What led to the advent of The Cinematograph (Amendment) Bill, 2023 ?

Successive governments and industry bodies have flagged the economic and cultural toll of film piracy. Official estimates placed annual losses around ₹20,000 crore for the film industry, with a substantial share attributed to digital leakages and in‑theatre camcording. At the same time, the earlier framework did not contain a purpose‑built offence for camcording or for public exhibition of infringing copies outside licensed venues. Attempts to legislate began with a 2019 bill (focused primarily on piracy) and a 2021 draft that drew extensive stakeholder feedback. The 2023 bill consolidated these strands, expanded the scope far beyond camcording to online distribution, and refined the certification architecture.

Glimpses of the key reforms introduced

Introduced three sub categories within the “UA” category
Instead of a single ‘UA’ category addressing unrestricted public exhibition, but with parental guidance for children below 12, the amendment introduces three sub‑categories—‘UA 7+’, ‘UA 13+’, and ‘UA 16+’. These are guidelines that function to help parents and guardians choose whether a child should watch a film. Importantly, the Act clearly indicates that these endorsements are advisory and are not enforceable by anyone other than parents or lawful guardians. The existing ‘U’, ‘A’, and ‘S’ categories remain unchanged.

Provision of separate certification for television and other prescribed media
Films certified ‘A’ for adults only or ‘S’ for restricted to a class of persons now need a separate certificate for exhibition on television or other media that may be prescribed by the Central Government. For this secondary certification, the CBFC may require deletions or modifications directly.This systematizes a progressing practice and provides a clear, statutory solution for adult‑rated films to be shown on television or other media under suitable edits.

Anti‑piracy provisions for Unauthorised recording and exhibition
Two new sections 6AA -criminalise the unauthorised recording of a film in a licensed place of exhibition like cinema and 6AB – criminalise the unauthorised exhibition of infringing copies for profit. Attempting or aiding unauthorised recording is also considered as an offence. The statute points ‘audio‑visual recording device’ broadly to include any technology capable of capturing or transmitting a film even if recording is not the device’s sole purpose. Punishment for these offences may result in a minimum of three months to three years’imprisonment, and a fine from ₹3 lakh to up to 5% of the film’s audited gross production cost.

The amendment also addresses the interrelation of this law with other laws such as it involves restricting ‘fair dealing’ and other exemptions under Section 52 of the Copyright Act, 1957. The law actually targets both source‑level camcording and downstream digital circulation.

Persistent validity of CBFC certificates
CBFC certificates, which previously required every ten year renewal, now have perpetual validity. This reduces administrative burdens for right‑holders who exploit catalogues over long windows and across territories.

Deletion of revisional power of Union Government over certified films
The amendment omits Section 6(1) of the 1952 Act, which had earlier empowered the Central Government to revise CBFC decisions. The change aligns the statute with the Supreme Court’s position as per K.M. Shankarappa v. Union of India case, which specifically states that once the expert body has certified a film, the executive cannot re‑adjudicate that certification. While the CBFC’s ability to demand cuts remains intact, the removal of executive revision offers a significant improvement to the circumstances.

Reference to Jammu and Kashmir
Omission of reference to the erstwhile State of Jammu and Kashmir in line with the Jammu and Kashmir Reorganisation Act, 2019.

Implications

In support of filmmakers and distributors
The anti‑piracy provisions deliver a dedicated tool against camcording and public exhibition of infringing copies, complementing civil and criminal remedies under copyright law. The explicit link to the IT Act’s intermediary regime strengthens the ability to seek takedowns and, where warranted, regulatory action against platforms that repeatedly facilitate infringement. Perpetual certificate validity removes a recurring compliance burden and may lower long‑tail distribution costs. The TV/other‑media recertification pathway offers a predictable route to monetise adult‑rated content on mass media with edits, without relying on ad‑hoc arrangements.

For parents and viewers
Graded UA markers move Indian practice closer to international norms by signalling more precisely the maturity level a film intends. Because the endorsements are advisory (rather than enforced at the cinema gate by third parties), the regime emphasises parental agency over blanket prohibitions.In USA, The Motion Picture Association (MPA) rating system which commonly called the MPAA system is a voluntary, industry-run scheme intended to help parents decide what is appropriate for children.Because it is not enforced by law, films can technically be shown without a rating; however, many cinemas and distributors may still rely on the ratings as a matter of market practice and policy.However, In the UK, the British Board of Film Classification (BBFC) sits within a framework where classification is linked to licensing and statutory controls, especially for home viewing formats.The Video Recordings Act 1984 establishes legal rules around the classification and supply of video works, and the BBFC’s classification function is tied to this legislative structure. For cinema viewing, age limits are commonly enforced in practice through cinema admission rules aligned with BBFC certificates involving refusing entry below the minimum age.

In support of platforms and intermediaries
Online services remain primarily governed by the IT Act and its rules, but the amendment’s cross‑reference in Section 7(1B) makes clear that enforcement against piracy may involve both the Cinematograph Act and other applicable statutes. Platforms will need robust repeat‑infringer policies, responsive notice‑and‑takedown workflows, and evidence‑preservation practices.

Clauses : Highlights from the Act

Section 2Inserts definitions, including ‘infringing copy’ (by reference to the Copyright Act) and a new ‘UA marker’ (UA 7+, UA 13+, UA 16+)

Section 4 (swapped)Lays down the examination process and clarifies that UA endorsements guide parents/guardians and are not enforceable by third parties. It also enables a separate certificate for television and other prescribed media

Section 5A(3)Certificate validity made perpetual (the words ‘for a period of ten years’ are omitted)

Section 6(1)Revisional power of the Central Government over certified films is omitted, aligning the law with the Supreme Court’s view in K.M. Shankarappa.

Sections 6AA and 6ABCreate offences for unauthorised recording at licensed places of exhibition and for unauthorised public exhibition of infringing copies for profit

Section 7(1A)–(1B)Specify penalties and preserve simultaneous recourse under the Copyright Act and the IT Act, including action against intermediaries that fail to meet safe‑harbour conditions.

Challenges

Advisory in nature-while the advisory nature of UA markers respects parental choice, its non‑enforceability may limit impact in contexts where parents rely on exhibitors to gate access.
Unchanged factors – The CBFC’s core powers to demand cuts are unchanged which means debates on prior restraint and artistic freedom will likely persist Delink this word “persist”.The Act also does not alter the prior certification model with a pure ratings‑only regime, an idea considered by expert committees in the past. In practice, therefore, creative‑freedom debates from filmmaker associations may continue to revolve around how certification guidelines are applied and whether cuts demanded are narrowly tailored to the grounds permitted by the Constitution.
Effective enforcement- anti‑piracy success will depend on operational enforcement: preventing in‑theatre camcording, coordinating swift online takedowns, and prosecuting commercial‑scale offenders.
Unclear definition- The demand for clarity on ‘other prescribed media’ for separate certification, and the precise contours of edits for TV versions, will evolve through rules and practice.

Way forward

There is high necessity to ensure reduction in first‑day camcorder leaks and time‑to‑takedown for illicit uploads.Strengthen auditorium anti‑piracy protocols by encouraging practice such as bag checks, staff sweeps, trained response to suspicious devices, complementing watermarking and DRM measures adopted by producers can prevent unauthorized move of suspected exhibitors.
Lodged watermarking and content‑security practices across the distribution chain along with integrating fast‑track notice‑and‑takedown playbooks with counsel to leverage the Act’s cross‑references to the Copyright and IT regimes can heighten the safety and security during distribution process.
Platforms should maintain responsive grievance redressal, track repeat infringers, and preserve logs to demonstrate due diligence under the IT Act when responding to rights‑holder notices.
Use the UA markers as a quick heuristic to guess whether a film’s themes and intensity match a child’s maturity level ,age and it should not be neglected that the markers are guidance, not legal hurdles.Reason why a clear parental comprehension of UA markers is necessary.
Requires coordination among the CBFC, law‑enforcement agencies, platforms, and industry bodies for fewer certification litigation over revisional interference.

Conclusion

The Cinematograph (Amendment) Act, 2023 represents a specific but necessary update to India’s film law. By merging graded guidance for families, perpetual certificate validity, explicit anti‑piracy offences, and alignment with Supreme Court jurisprudence, the law targets to balance creative freedom, consumer protection, and industry economics. The next phase of rule‑making and consistent enforcement will determine the effectiveness of these reforms that translate into on‑ground outcomes for creators, exhibitors, platforms, and audiences.