Illustration Suman Choudhury

Films are changing and so are audiences. But India’s censors are still governed by a law that came into being almost six decades ago. A plan, however, is afoot to bring in a new, tech-savvy bill to replace the Cinematograph Act of 1952. If all goes well, the Cinematograph Bill, 2010, may be tabled in Parliament soon.

Sharmila Tagore, chairperson, Central Board of Film Certification (CBFC) is said to have been instrumental in bringing about some of the major provisions in the draft.

The most significant aspect of the draft bill is the introduction of two new age demarcations with regard to film certification. At present, film certification is restricted to four categories — U certificate (can be viewed by all), U/A (under adult supervision), S (exhibition restricted to members of any profession or any class of person) and A (for adults only).

The two new categories will be +12 (suitable for viewing by children above 12) and +15 (suitable for viewing by children above 15) certificates.

The film industry is rather upbeat about these new provisions. “This is certainly a commendable initiative. I have always felt that the U/A category is a bit ambiguous,” says B.R. Sharan, creative head of Saregama Films, whose latest venture The Japanese Wife is currently running in theatres. “If a film carries a U/A certificate, I won’t be sure if I can take my 15-year-old daughter to a theatre to watch the film. Besides, social norms are changing fast and our teenage audiences are far more mature than they were a few years ago.”

It was the CBFC which suggested the introduction of the new categories, says Tagore. “We understand that teenagers are more mature these days,” she says. Tagore points out that she would have given a film like Kaminey — which was about crime — a 15+ certificate instead of the A that it got. “This is because nowadays teens can tolerate a certain level of violence or sexual innuendos in films,” she says.

Filmmakers stress that the new certifications were long overdue. “Sometimes the Censor Board gives an A certificate to films on the flimsiest grounds. This deprives filmmakers of a larger audience,” says Raja Dasgupta, a director based in Calcutta. Agrees Abhishek Chaubey, director of the recent hit Ishqiya, a film awarded an A certificate. “I think Ishqiya would have merited a +15 certificate. And then the film would have attracted a wider audience,” he says.

Filmmakers feel the new certification procedure would help new-age directors and producers in Bollywood who like to handle mature topics. “Besides, it makes business sense — these (two new) certificates will help directors get a wider audience for their projects so producers will be more willing to back their experiments,” says Chaubey.

The new certificates, however, won’t make much of a difference to mainstream regional cinema. “Generally, directors and producers dealing in regional commercial cinema know that A films don’t sell much,” says Surinder Singh, president, Eastern India Motion Pictures Association and owner of Surinder Films, a Tollywood production house. “It’s not the certifications that worry us. It’s film piracy that is killing our business.”

The bill does have provisions to tackle film piracy, an underground industry worth Rs 3,000-4,000 crore. For example, Section 19 of the bill says that “no person who undertakes the processing of a film” shall “make a duplicate print or copy of the film in any form using any technology”. It adds that any person caught doing so would be punished with a fine of not less than Rs 5 lakh which may go up to Rs 25 lakh or be slapped with a prison term of one to three years.

“Such a hefty fine can definitely act as a deterrent,” says Shameek Sen, associate professor, National University for Juridical Sciences, Calcutta. “But a mere reference to ‘any technology’ in Section 19 won’t do,” says Sen, who specialises in media law. “In this age of bit-torrents and off-shore portals concentrating on illegally copying Indian films, the bill needs to categorically stipulate provisions that would be harmonious with those of the Information Technology Act and purport to close down any website or repository that provides for downloads of such films,” he says.

But Sen believes that the bill will help small producers who are usually reluctant to sue film pirates for financial reasons or long-drawn legal proceedings. “Even if they have the copyright of their films, many small producers won’t exercise it the way big production houses would.”

The draft bill, he points out, says that an authorised officer can file a complaint and the competent court can take cognisance of it. “So even if a producer is unaware of any illegal duplication of his films, offenders can still be brought to book.”

Others feel that a few harsh measures in the draft bill are not enough to combat film piracy. “Some state laws such as the Goonda Act in Maharashtra make film piracy a non-bailable offence. Though the Indian film industry is waking up to the menace of piracy, enforcement of copyright infringement laws needs to be upgraded,” says Hiren Gada, director, Shemaroo Entertainment, a Mumbai-based film and video production and distribution company.

There is also concern that while the draft bill has taken a more mature approach to film certification, it’s doubtful whether the CBFC will undertake audience research to keep pace with changing tastes. “There are rules that call for such audience research by the board. Historically, the Censor Board has not been undertaking such research. But I am in constant touch with the information and broadcasting ministry regarding this issue and I hope to implement it soon during my tenure,” says Tagore.

After all, a few years from now, a 12-year-old will be comfortable watching a film that is fit for a 15-year-old today. The act, clearly, would need to change with the times again.