On 15th March 2024, the Ministry of Information & Broadcasting notified the Cinematograph (Certification) Rules, 2024 (“2024 Cinematograph Rules”) under the Cinematograph Act, 1952 (“Cinematograph Act”). The 2024 Cinematograph Rules supersede the Cinematograph (Certification) Rules, 1983 (“1983 Rules”) and have been introduced after the passing and notification of the Cinematograph (Amendment) Act, 2023 which seeks to inter alia streamline the film certification framework and also address issues such as online piracy and copyright infringement.
Highlights of the 2024 Cinematograph Rules:
The overhaul of the framework governing cinematography (by amending the Cinematograph Act, 1952 and introducing the 2024 Cinematograph Rules) is a welcome step for ensuring the modernisation of the process and at the same time protecting intellectual property rights and combating piracy.
The 2024 Cinematograph Rules also take into consideration the various initiatives of the government for fostering ease of doing business, women empowerment, and ensuring accessibility of content.
The digitisation of the application process would ensure prompt and transparent submission and processing of applications thereby enhancing the efficiency of the process. The introduction of the priority scheme and perpetual validity of certificates is vested in the interest of ease of doing business and would be pivotal in reducing the compliance burden on the filmmakers.
The age-based categorisation of the UA certificate is a positive step towards ensuring that informed decisions are taken about the consumption of age-appropriate content and balancing the right to freedom of speech and expression and the duty of the government to protect children. By requiring applicants to submit language subtitles, audio descriptions etc. the 2024 Cinematograph Rules not only allow accessibility of content but also factor in inclusivity.
In addition to ensuring the representation of women, an overall gender-neutral tone has been adopted while drafting the 2024 Cinematograph Rules. For instance, the term ‘chairman’ in the 1983 Rules has been changed to ‘chairperson’ under the 2024 Cinematograph Rules.
While the above-noted steps have been introduced and notified, their success would depend on the effective implementation of the provisions of the 2024 Cinematograph Rules.
This article was first published on Saikrishna & Associates