Kolkata: As the Rajya Sabha on Thursday (July 27) passed the Cinematograph Amendment Bill, 2023, some members demanded that regulations be brought in for content on over-the-top (OTT) platforms.The Bill amends the Cinematograph Act, 1952 and aims to tackle piracy by making it an offence that may be punishable with a fine or imprisonment.While the Cinematograph Act, 1952 constitutes the Board of Film Certification (CBFC) for certifying films for exhibition, the amendment adds certain additional categories based on age.Under the earlier Act, a film was certified without restriction under ‘U’ category, but subject to guidance of parents or guardians for children below 12 years of age under ‘UA’ category, or only for adults under ‘A’, or only to members of any profession or class of persons under ‘S’ category.According to an analysis by PRS Legislative Research, the Bill substitutes the ‘UA’ category with the following three categories to also indicate age-appropriateness: (i) UA 7+; (ii) UA 13+; or (iii) UA 16+.The age endorsement will make it subject to guidance of parents or guardians, and will not be enforceable by any other persons other than parents or guardians.In order to stop piracy, the Bill prohibits carrying out or abetting: (i) the unauthorised recording and (ii) unauthorised exhibition of films. Attempting an unauthorised recording will also be an offence.These offences are punishable with imprisonment between three months and three years, and a fine between Rs 3 lakh and 5% of the audited gross production cost.Earlier the certificate issued by the CBFC was for ten years, but with the new amendment, certificates will be perpetually valid.The Bill also removes the power of the Union government to examine and make orders in relation to films that have been certified or are pending certification.“The proposed amendments would make the certification process more effective, in tune with the present times, and comprehensively curb the menace of film piracy, and thus help in faster growth of the film industry and boost job creation in the sector,” the Bill states in its statement of objects and reasons.Minister for information and broadcasting Anurag Thakur called the Bill “revolutionary” and blamed the opposition for walking out of the parliament.Regulation of content on OTT platformsThe debate on this issue saw several speakers including Bharatiya Janata Party MPs Radha Mohan Das, Dr Sonal Mansingh, Pavitra Margherita, Dhananjay Bhimrao Mahadik, Kavita Patidar, Biplab Kumar Deb, Ajay Pratap Singh, GVL Narasimha Rao, Bhubaneswar Kalita.Other MPs like Biju Janata Dal’s Prashanta Nanda and AIADMK’s M. Thambi Durai also spoke in favour of the Bill.While supporting the Bill, the members raised several concerns, including explicit content on OTT platforms and the need for regulation.Nanda raised concerns over that the content on OTT platforms that show rape, bad language, and violence, explicitly.BJP’s G.V.L. Narasimha Rao said that while OTT platforms provide the opportunity to watch films in multiple languages, there is a need to examine the regulations that apply to OTT content.“If there are no such regulations, I would like to know why the Cable and Television Act, which controls content on television, does not apply to OTT content?” he said.“What if an uncensored film is put on OTT? If you are not able to control OTT, how are you able to restrict censored content being shown as a part of the OTT film industry?“If there is no regulation in place, can we have a dialogue with the OTT industry to have self regulation on OTT content?” he added.Thakur said that while several members had raised concerns about the OTT content, a meeting on this matter was held last week where issues, including self-regulation, were discussed with the OTT players.“I told them in the meeting seven days ago that self-regulation means that the responsibility lies with you. If you don’t do something about this, we will be forced to use other means.”“We have to give them space for creativity. It is a new platform and it might take some time. When they give their next report, we will also raise the concerns of the MPs in the next meeting.”“Earlier this month, Reuters reported that in a meeting held between the information and broadcasting ministry and streaming platforms, the government requested that their content be reviewed for violence and obscenity.”Officials reportedly asked the streaming industry to consider an independent panel to review content so that unsuitable material could be taken out, the report said.“While the Bill was supported by BJP MPs who were present in the Rajya Sabha, as well as NDA allies, some members also raised concerns that the new age-based categories may not be feasible.”MPs like Nanda, Thambi Durai and YSRCP’s S. Niranjan Reddy said that the age classification in the new Bill may not work out practically.“It won’t work out,” said Thambi Durai.However, Thakur said in his closing statement that the age-based categories are self regulatory by parents and guardians and lays the responsibility on the society to decide whether the content is suitable for viewing for a certain age group.