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I&B Ministry’s draft Cinematograph Bill 2021 proposes more powers for government to censor films

In a significant move to tighten censorship of films, the Ministry of Information & Broadcasting (MIB) is proposing a change in the Cinematograph Act to let the government review films that have already been cleared by the Central Board of Film Certification. The Cinematograph (Amendment) Bill 2021, which is mainly being positioned as a legislative step to punish film piracy more severely, proposes: Adding a provison to sub-section (1) of section 6 for granting revisionary powers to the Government on account of violation of Section 5B(1) of the Act: Since the provisions of Section 5B(1) are derived from Article 19(2) of the Constitution and are non-negotiable, it is also proposed in the Draft Bill to add a proviso to sub-section (1) of section 6 to the effect that on receipt of any references by the Central Government in respect of a film certified for public exhibition, on account of violation of Section 5B(1) of the Act, the Central Government may, if it considers it necessary so to do, direct the Chairman of the Board to re-examine the film. Essentially, the government would have power over the Censor Board's decisions directly, though the body is supposed to be run autonomously. While India is one of the few democracies that continues to follow overbearingly noticeable pre-censorship norms that frequently gets some content cut from films, this move would likely undermine any progressive trends in the CBFC. The Censor Board censored less heavily when Leela Samson was chairperson. After her departure, the two…

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I cover the digital content ecosystem and telecom for MediaNama.

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