Open letter against proposed changes to Cinematograph Act

The proposed Cinematograph (Amendment) Bill 2021 has elicited heated reactions from the film industry. Actors and filmmakers including – Anurag Kashyap, Hansal Mehta, Vetri Maaran, Nandita Das, Shabana Azmi, Farhan Akhtar, Zoya Akhtar, Dibakar Banerjee, and Kamal Hassan – have released an open letter to the Information & Broadcasting Ministry opposing the government's proposed amendments to the 1952 Cinematograph Act.

The Bill enables the government to intervene directly in controlling the narrative of cinema in the country, which will have the possibility to “endanger free expression and democratic dissent.”

The Centre unveiled the drafted Cinematograph (Amendment) Bill 2021 earlier this month for public comment until 2nd July. The latest proposal suggests amending the Cinematograph Act of 1952 to give the Centre "revisionary powers" and the ability to "re-examine" films previously cleared by the Central Board of Film Certification (CBFC) .

Reportedly, Prateek Vats, of Eeb Allay Ooo! fame, and documentary filmmaker Shilpi Gulati, along with an academician and a lawyer, prepared the online letter with over 1400 signatories from various walks of life on Sunday evening.

“In yet another blow to the film industry, the Ministry of I&B has proposed additional revisions to the Cinematograph Act that would give the Central Government the authority to rescind or recall certification of films that have already been cleared by the Censor Board. This clause will effectively give the Central Government total power over the cinema exhibition in the country, thereby threatening freedom of expression and democratic dissent,” the letter stated, undermining the Censor Board and the Supreme Court's sovereignty.

“Also, this will put filmmakers powerless in the hands of the state, making them more exposed to threats, destruction, and mob censorship. The proposal to modify the Cinematograph Act comes just two months after the Centre announced the dissolution of the Film Certification Appellate Tribunal (FCAT) in April 2021. ...,” read the excerpt.

Moreover, the letter came only days after filmmaker-musician Vishal Bhardwaj took to Twitter to urge his friends in the industry to oppose the proposal. The letter will almost certainly be signed by the filmmaker.

The letter was also signed by Vikramaditya Motwane, Abhishek Chaubey, Sheeba Chaddha, and Rohini Hattangadi. The letter comprises the following five suggestions for the government:

1.The Cinematograph (Amendment) Bill 2021 must explicitly describe the Central Board of Film Certification (CBFC) as an institution that certifies film content for public display rather than as a censorship authority.

2. We advise that the changes granting the Central Government the authority to revoke a film certificate be removed. We concur with the spirit of the Supreme Court judgement, which concluded that this would violate our democracy's separation of powers.

3. Although we agree that film piracy offers significant issues to filmmakers, the proposed modifications do not properly address this concern by simply establishing a punitive clause. If it is implemented, adequate exceptions for fair use, de minimis use, and derivative work particular to films must be created. To truly combat piracy, systemic solutions must be implemented.

4. We urge that the Film Certification Appellate Tribunal (FCAT) be reestablished since it provides filmmakers with reasonable and accessible remedies.

5. The Cinematograph Act must be modified to incorporate a clear definition of public display and to include only commercial films with significant capital investment and revenue models connected to theatre presentations under its scope.