The Cinematograph (Amendment) Act, 2023 - An Analytical Commentary On Anti-Piracy And Certification Reforms

Author: LawSphereX

Category: General Law

Published: 2026-08-23T21:14:50.273098+00:00

Updated: 2026-08-26T17:05:58.926+00:00

THE CINEMATOGRAPH (AMENDMENT) ACT, 2023: AN

ANALYTICAL COMMENTARY ON ANTI-PIRACY AND

CERTIFICATION REFORMS

Nitant M. Patole, Amandeep Gupta & Gauri Nandan Upadhyay, BA LLB, KES Shri Jayantilal H. Patel Law College, Mumbai

ABSTRACT

The Cinematograph (Amendment) Act, 2023 has been a major milestone in India's efforts to fight digital piracy as well as update the content certification system. While the 1952 Act primarily concentrated on censorship of movies, the new 2023 Act focuses on digital piracy through unauthorized recordings and transmissions as well as provides information on age groups that would help parents make informed decisions regarding their children, so that different genres of content could be provided to people including those who want to enjoy movies with a huge potential audience.1 2 This legislative comment tries to gauge the effectiveness of the new law and system as a result of the March 2026 government crackdown on digital piracy which caused blocking of nearly 3,142 unauthorized Telegram channels and

800 piracy websites. It is also discussed by the author how the institutional

approach introduced through Nodal Officers has proved to be more efficient than the old system of providing remedy to the copyright owners.3 Besides that, this article examines the transformation of power dynamics from a state-led censorship approach to a parent centric one as shown through the splitting up of "UA" into UA 7+, UA 13+, and UA 16+.4 The parents can easily make their decision without any assistance from the government now. Moreover, it also discusses the impact of the 5% fine on the producers and analyses it by way of a case study of the leak of the movie 'Jana Nayagan' in April 2026.5

1 The Cinematograph (Amendment) Act, 2023, No. 12, Acts of Parliament, 2023 (India).

2 Cinematograph (Amendment) Bill, 2023, DRISHTI IAS (Aug. 1, 2023), https://www.drishtiias.com/dailyupdates/daily-news-analysis/cinematograph-amendment-bill-2023. 3 Press Information Bureau, Cinematograph (Amendment) Act, 2023 Strengthens Anti-Piracy Laws with Strict Penalties for Unauthorized Recording and Transmission, MINISTRY OF INFORMATION AND BROADCASTING (Mar. 21, 2026), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2246198. 4 Ekta Rakesh Singh, Cinematograph (Amendment) Act 2023: Anti-Piracy & Central Board of Film Certification New Rules, PHYSICS WALLAH (Aug. 10, 2023), https://www.pw.live/upsc/exams/cinematograph-amendmentact-2023. 5 Chirag Sehgal, Jana Nayagan Leak: What Are the Anti-Piracy Laws in India? Find Out, NEWS18 (Apr. 16, 2026), https://www.news18.com/movies/tamil-cinema/jana-nayagan-leak-what-are-the-anti-piracy-laws-inindia-find-out-ws-l-10046514.html.

Keywords: Cinematograph (Amendment) Act 2023, Section 6AA, Digital Piracy, Nodal Officers, March 2026 Crackdown, UA 16+, Jana Nayagan Case Study, Intermediary Liability, The K.M. Shankarappa Mandate.

I.

Introduction: Cinema is not just an entertainment it is also the mirror of the society. It's the art that has thousand expressions it gives a face to the society. It's a way of presenting our culture, thoughts, ideas, Ideals, ways, to the world. And it needs to be protected with law and order. Just how we protect our religious and cultural sentiment, in the same manner we need to protect the mirror that show our face to the world, the art that we want the world to admire. Protection of our art and culture is also protection of our sovereignty, that we love so much. India has one of the biggest cinema industries in the world. With Bollywood being the major driving engine. The early efforts for the film in India were taken by Marathi cinema with the films like Shree Pundalik (1912) and later with a proper feature film Raja Harishchandra in

1913.6 7 There are other regional cinema industries that have grown over the time. Tollywood

begin only second to the Bollywood in India, and many other like Sandalwood (Kannada), Bhojpuri Film Industry, Bengali Film Industry and many other. This paper is going to investigate how the new amendment is going to protect the Films and Cinema content from the different threats. The film industry struggled with two major headaches. First, digital piracy was everywhere and nearly impossible to stop. Second, the old certification system was too vague when it came to giving parents useful, age-based advice. The 2023 Amendment was designed to fix both issues, bringing the law into the digital age while trying to balance creative freedom with public responsibility. 8 Main reason for the Cinematography Act 2023 replacing the old Act of 1952 was focusing on preventing piracy in any form or way, which was not addressed by the previous act as per the changing conditions and technology.

Modern cinema being not just recorded on reels but digitally makes it vulnerable to many piracy related threats, mostly through online hackers and 6 Entertainment Bureau, Was the 1912 Marathi Movie Shree Pundalik India’s First Feature Film? What We Know, NEWS18 (Oct. 23, 2023), https://www. news18. com/movies/was-the-1912-marathi-movie-shree-pundalik-indiasfirst-feature-film-what-we-know-8598605. html.

7 Raja Harishchandra, WIKIPEDIA (Apr. 23, 2026, 6:08 PM),

https://en.wikipedia.org/w/index.php?title=Raja_Harishchandra&oldid=1350348279. 8 The Cinematograph (Certification) Rules, 2024, VISION IAS (Apr. 15, 2024), https://visionias.in/currentaffairs/monthly-magazine/2024-04-15/polity-and-governance/the-cinematograph-certification-rules-2024.

Cam recorders. This new Act is in action to take down that piracy system entirely. II.

The Need for Amendment: The Cinematograph (Amendment) Act, 2023 has considered the emerging trends of the film industry and how technological developments can affect the same. Furthermore, the emergence of piracy and outdated certification systems are also considered during the drafting of the amendment legislation. It should be stated first that the Cinematograph Act of 1952 has been passed by the Parliament with the main objective of certification of films as well as control over their screening in India. Nevertheless, since that time, tremendous changes have occurred in the Indian film industry. Therefore, there is a need to bring about some amendments. Secondly, the amendment aims at bringing about some reform in the system of certification.

It has been recognized that the existing categories of certifications were wide enough to be able to address the issue of age-appropriate viewing. This amendment addresses the need for refinement in the certification procedure so that it may remain relevant in the changing social context. For example, there have been categories introduced in the sub-certification of "UA" – UA 7+, UA 13+ and UA 16+ – to guide viewers, especially the youth and parents of the youth, about age-appropriate movies. 9 Thirdly, there is an objective of addressing the menace of piracy of films, which is a common problem today.

Due to developments in digital technologies, illegal recording and distribution of films have become quite widespread, the unauthorized reproduction of films has posed a significant threat to the movie industry as movies are now being sold through the Internet or other electronic means of communication. Not only does this pose an economic problem for the producers but even the government itself stands to suffer a huge financial loss, this loss is estimated at around 20,000 crores it also demoralizes the creative effort put into developing films. 10 11 9 Ekta Rakesh Singh, Cinematograph (Amendment) Act 2023: Anti-Piracy & Central Board of Film Certification New Rules, PHYSICS WALLAH (Aug. 10, 2023), https://www. pw. live/upsc/exams/cinematograph-amendmentact-2023.

10 IP HOUSE & MEDIA PARTNERS ASIA, THE IMPACT OF PIRACY ON INDIA’S VIDEO SECTOR AND

CREATIVE ECONOMY (2025), available at https://mib.gov.in/sites/default/files/2025-06/the-impact-of-piracyon-india-s-video-sector-creative-economy_ip-house-x-mpa-x-cii_compressed_0.pdf. 11 Film Industry Faces Loss of Rs 20,000 Cr Annually Due to Piracy: AAP MP Raghav Chadha in Rajya Sabha,

Additionally, there is one more reason for introducing changes into the law, which is improving the legal atmosphere concerning the matter of copyright protection. Introducing such a term as “infringing copy” and penalizing unlawful exhibitions is supposed to ensure the rights of film producers. In turn, at present, it is rather important since the modern period when the Internet is developing enables people to reproduce copyrighted material without authorization. Moreover, the Statement contains intentions for eliminating such regulations that have been rendered obsolete or do not correspond to judicial decisions. Therefore, powers vested in the Central Government, which had been declared unconstitutional, had been amended to avoid any legal complications. Also, the amendment has one more feature: It aims at simplifying the entire process of certification.

This is achieved by rendering the process of certification perpetual in nature, unlike before, where the certificate was valid for only ten years. Thus, by reducing the number of bureaucratic processes for filmmakers, ease of doing business in the film industry is ensured. III.

Legislative Comment: Salient Features of the Amendment a) New Anti-Piracy Clauses (Section 6AA & 6AB): Section 6AA specifically prohibits the unauthorized recording of a film. It states that no person shall use an audio-visual recording device in a place licensed to exhibit films (such as a cinema hall) with the intention of making, transmitting, or abetting the making of an "infringing copy. " Section 6AB specifically prohibit the unauthorized distributions of the copy as such mentioned in the section 6AA of the Cinematography Act (Amendment) 2023.

12 i) Key distinctions include: (1) Targeting “Cam-recording”: Indirectly criminalizes the act of recording a movie on a phone or camera inside a theatre, which is the primary source of high-quality pirated “Cam prints” (2) Intent to Commit: The law not only covers the the person recording but also those who attempt to transmit the content or help the one in doing so. THE PRINT (Aug. 2, 2024), https://theprint. in/feature/film-industry-faces-loss-of-rs-20000-cr-annually-due-topiracy-aap-mp-raghav-chadha-in-rajya-sabha/2204969/.

12 The Cinematograph (Amendment) Act, 2023, No. 12, Acts of Parliament, 2023 (India).

(3) Definition of device: The audio video recording device is defined broadly to include any digital or analogue device which is capable of recording or transmitting copyrighted films. (4) Unlicensed Exhibition: If a film is broadcasted, Transmitted or in any way show in the place that has no licence under Cinematography Act. (5) Digital/Copyright Infringement: If the exhibition is done in a manner that violates the Copyright Act, 1957, which directly covers the illegal streaming, uploading, and sharing of films on platforms like Telegram, websites, or P2P networks. ii) Shift from civil to strict criminal liability: Previously piracy was treated as a criminal offense as a copyright infringement issue where the burden of proof and the pace of justice were often slow. Section 6AA provides the sword to the law by integrating sever, mandatory and criminal penalties.

With a minimum of 3 months of imprisonment, extendable to 3 years. And a minimum of ₹3 Lakhs of fine, which can be extended up to 5% of the audited gross production cost of the film. 13 iii) Nodal officer and 48 hours Takedown: The new Act brought a significant practical change in the Justice mechanism. Under the new rules the Ministry of Information and Broadcast has appointed a Nodal officer who act as a bridge between the law and technology: (1) Direct reporting: Copyright owners can now directly report the pirated links to the officers without requiring the prior court order for every single link. (2) Quick Action: Once the Nodal officer is informed, he verifies the claim and issues the direction under section 79 (3) (b) of the IT Act, intermediary must disable the links immediately.

14 iv) Closing the “Digital Loophole”: The Cinematograph Act of 1952 didn't say much about the internet. The Ministry of I&B's anti-piracy powers now officially cover "digital transmission"

13 Press Information Bureau, Cinematograph (Amendment) Act, 2023 Strengthens Anti-Piracy Framework;

Offenders Face Up to 3 Years Imprisonment and Fine up to 5% of Production Cost, MINISTRY OF INFORMATION AND BROADCASTING (Mar. 18, 2026), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2241712.

14 Press Information Bureau, Cinematograph (Amendment) Act, 2023 Strengthens Anti-Piracy Framework;

Offenders Face Up to 3 Years Imprisonment and Fine up to 5% of Production Cost, MINISTRY OF INFORMATION AND BROADCASTING (Mar. 18, 2026), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2241712.

thanks to Section 6AB. This makes the Cinematograph Act and the Information Technology Rules, 2021, work together. It makes sure that the legal consequences are the same whether a movie is pirated through any digital means. 15 b) Age Based Certification (The UA categories): Under the new Cinematography Act 2023, the “UA” (Unrestricted with Parental Guidance) is undergone to be replaced with new more granular, age- specific system from its most significant change in since 1983. This is to replace the “old one size fits all” guidance. Empowering parents to make informed decisions. The new UA Markers sub divided the category into three distinct “UA Markers” based on the age-appropriation for content. Unlike “A” certification these certifications are strictly recommendatory. Provided the minor is under Parents/ Guardians Oversight. They are only for Parental guidance.

16 i) UA 7+: Content that is generally suitable for all but contains themes or visuals where parental guidance is recommended for children under 7 years of age. 17 ii) UA 13+: Content that may contain stronger themes, language, or violence, considered suitable for viewers above 13 years with parental guidance. 18 iii) UA 16+: Content that borders on the “Adult” (A) category but still considered for UA for those age 16 and above, provided they are under parental oversight. 19 The main purpose of this was to fill the gap between the traditional Cinema and online OTT platform, who use similar age of rating system. This ensures that the people in India are

15 Press Information Bureau, Cinematograph (Amendment) Act, 2023 Strengthens Anti-Piracy Framework;

Offenders Face Up to 3 Years Imprisonment and Fine up to 5% of Production Cost, MINISTRY OF INFORMATION AND BROADCASTING (Mar. 18, 2026), https://www. pib. gov. in/PressReleasePage. aspx? PRID=2241712. 16 The Cinematograph (Certification) Rules, 2024, VISION IAS (Apr. 15, 2024), https://visionias. in/currentaffairs/monthly-magazine/2024-04-15/polity-and-governance/the-cinematograph-certification-rules-2024 17 The Cinematograph (Certification) Rules, 2024, VISION IAS (Apr. 15, 2024), https://visionias. in/currentaffairs/monthly-magazine/2024-04-15/polity-and-governance/the-cinematograph-certification-rules-2024 18 The Cinematograph (Certification) Rules, 2024, VISION IAS (Apr. 15, 2024), https://visionias. in/currentaffairs/monthly-magazine/2024-04-15/polity-and-governance/the-cinematograph-certification-rules-2024 19 The Cinematograph (Certification) Rules, 2024, VISION IAS (Apr.

15, 2024), https://visionias. in/currentaffairs/monthly-magazine/2024-04-15/polity-and-governance/the-cinematograph-certification-rules-2024

consuming the same content with same age rating system whether they are watching on OTT or traditional Cinema theatre. c) Perpetual Validity of Certificates: The Cinematography (Amendment) Act. 2023 have change how filmmakers manage their assets over the long term. Extending the Certification validity previously from 10 years to perpetual Validity. This new change has made ease of doing business. Now any certification once certified by CBFC remains perpetual valid. This reduced the administrative burden for both the CBFC and filmmakers. This also increased the long-term commercial value of a film's theatrical rights as the legal permission to exhibit the work never expires.

Since only films with an "Unrestricted Public Exhibition" (U) category can be shown on television in India, any film with an 'A' (Adult) or 'S' (Specialized) certificate must still undergo recertification if the filmmaker wants to show it on TV. 20 IV.

The Enforcement Paradigm: Impact and Recent Crackdowns The enforcement and effects of this law was seen in March 2026, when the ministry of Information and Broadcasting executed the first large scale enforcement driven under the zero tolerances policy towards digital piracy.

1. Telegram channels crackdown in March 2026: On March 18, 2026, Ministry of Information

and Broadcasting gave a landmark reply to the Lok Sabha, conforming the massive crackdown on digital piracy network. Ministry with the power leveraged under Section 79(1B)(ii) notified the intermediary platform Telegram under section 79(3)(b). Ministry directed the removal of

3142 Telegram Channels found to be distributing copyright content asset without authority.

Simultaneously Web based distribution were also blocked, approximately 800 piracy links were disabled through Internet service Providers.21

2. Operationalizing Nodal Officer mechanism: The March 2026 crackdown showed that the

Ministry's Institutional Mechanism worked. Before this, the previous bureaucratic problems or the need for specific court orders for each link often caused takedown notices to be delayed. This process was slow and inefficient which caused loss to both government and the copyright

20 Press Information Bureau, Government Notifies the Cinematograph (Certification) Rules, 2024 to

Comprehensively Improve the Film Certification Process, MINISTRY OF INFORMATION AND BROADCASTING (Mar. 15, 2024), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2014950. 21 Press Information Bureau, Cinematograph (Amendment) Act, 2023 Strengthens Anti-Piracy Laws with Strict Penalties for Unauthorized Recording and Transmission, MINISTRY OF INFORMATION AND BROADCASTING (Mar. 21, 2026), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2246198.

owners. Now designated Nodal Officers process the complaints filed in prescribed format by the copyright holders or even individuals. Once the complaint is verified, they notify the intermediaries immediately resulting in a 48-hour takedown window, effectively neutralizing the pirated copy, websites, channels or any other means through which it was digitally distributed.22

3. Restoration of creative Economy: The impact of these digital piracy takedowns extends beyond

the protection of copyright. It also gave a new speed to the film and other entertainment industry. Due to piracy many studios and individual owning the rights were suffering financial loss, this caused reduced salary and wages to worker and sometimes even layoffs. But the new Act has solved this problem made employment in the film sector more secure and stable. V.

Case Study: The 'Jana Nayagan' Leak (April 2026): The case of Jana Nayagan, staring Vijay was leak on April 9, 2026, serves as the landmark case for the understanding of 2023 amendment and digital enforcement. This film had already faced significant delay due to the legal battle over its U/A 16+ certification, suffered a significant blow doe to the zero-day leak, which means that the film was leak even before its theatrical release. 23 1. Nature of the infringement: The film was leaked in high definition, unlike the traditional “camrecording” which was covered under Section 6AA. Investigation by the state cybercrime wing revealed that a freelance assistant editor gained unauthorizes access to the production studio, copied the movie to pen-drive, and shared it with associates. Later this movie was distributed through cloud storage and social media platform links unauthorised.

This triggered Section 6AB, Unauthorised exhibition/transmission for profit. 2425 22 Press Information Bureau, Cinematograph (Amendment) Act, 2023 Strengthens Anti-Piracy Laws with Strict Penalties for Unauthorized Recording and Transmission, MINISTRY OF INFORMATION AND BROADCASTING (Mar. 21, 2026), https://www. pib. gov. in/PressReleasePage. aspx? PRID=2246198. 23 Thalapathy Vijay’s ‘Jana Nayagan’ Controversy Explained: Leaked Clips, Piracy, and the New Release Date, THE HINDU (Apr. 16, 2026), https://www. thehindu. com/entertainment/movies/thalapathy-vijay-jana-nayagancontroversy-explained-leaked-piracy-cbfc-new-release-date-tvk-kvn/article70753384. ece. 24 Chirag Sehgal, Jana Nayagan Leak: What Are the Anti-Piracy Laws in India? Find Out, NEWS18 (Apr. 16, 2026), https://www. news18. com/movies/tamil-cinema/jana-nayagan-leak-what-are-the-anti-piracy-laws-inindia-find-out-ws-l-10046514.

html. 25 Thalapathy Vijay’s ‘Jana Nayagan’ Controversy Explained: Leaked Clips, Piracy, and the New Release Date, THE HINDU (Apr. 16, 2026), https://www. thehindu. com/entertainment/movies/thalapathy-vijay-jana-nayagancontroversy-explained-leaked-piracy-cbfc-new-release-date-tvk-kvn/article70753384. ece.

2. Application of 5% production cost penalty: This was marked as the first case where the

enhanced financial penalties was implemented. With the reported budget of exceeding ₹500 crores, 5% penalty clause acts as a massive deterrent. Legal experts believe that since the movie was leaked before the release date this destroyed the theatrical and home video valuation of the film.26

3. Action by the Nodal officer: Immediately following the complaint by KNV Productions on

April 11, the Ministry of I&B’s Nodal officer immediately took the action in coordination with the cybercrime wing, thousands of websites, links, telegram channels and other social media links were flagged and blocked within 48-hours window. This proved that the new institutional mechanism allows for faster and efficient takedown of unauthorised activity. VI.

Critical Appraisal and Jurisprudential Analysis: The Cinematography (Amendment) Act, 2023, is not just an act updated for administrative ruling, but it shows the fundamental shift in the “Digital Jurisprudence” of India.

1. Affirming Separation of Power: The K.M. Shankarappa Mandate

From a jurisprudential standpoint, the most important change was the removal of the section 6, which allowed the central government a revisional power over the decision made by the Central Board of Film Certification (CBFC). In the landmark case of Union of India v K.M. Shankarappa (2001), the Supreme Court of India ruled that Executive cannot sit in judgement over a quasi-judicial body like CBFC. By finally removing this power the new act has respected the separation of power, ensuring that the film certification is free and independent of any political pressure or influence.27

2. The "Deterrence Theory" vs. Proportionality: The introduction fine amounting of 5% of the

total audited gross production cost is a strong application of Deterrence Theory in criminal law. This shows that the law is not for the accident infringers or individuals but is targeted at the entire system of organized syndicates. 26 Chirag Sehgal, Jana Nayagan Leak: What Are the Anti-Piracy Laws in India? Find Out, NEWS18 (Apr. 16, 2026), https://www.news18.com/movies/tamil-cinema/jana-nayagan-leak-what-are-the-anti-piracy-laws-inindia-find-out-ws-l-10046514.html.

27 Union of India v. K.M. Shankarappa, (2001) 1 SCC 582 (India).

VII.

Conclusion and Suggestions: The new Cinematography (Amendment) Act, 2023, is not just a new law for administration but a mark for the start of new digital age of films and cinema. This act not only protect the copyrights of the owners but also protect the economic and job loss that was caused because of the digital piracy under the old, outdated law. By this the India is also showcasing the safe and secured environment for foreign production house and studios to come and invest in the country and create jobs for people. This directly impacts the number of investments coming from foreign. This new Act has also established a fast and efficient system for any copyright infringement complaint. The set up of Nodal officer, Cybercrime team, 48 hours action time and fine of 5% of the audited production cost, all of this has increased security for the Cinema IPs in India.

The era where piracy was not treated aa equal to the theft of tangible asset is over. The government, film producers and production house should make a public awareness campaign, showing the fine of 5% of total film production cost, before playing any movies or content in theatre and OTT platforms to deter the general public. Even special training to the magistrate and judges should be given to handle the complexity of the digital piracy. Government should also establish a specialised “Cinematography Tribunals” for more fast and efficient work and protection of films.

BIBLIOGRAPHY

The Cinematograph (Amendment) Act, 2023, No. 12, Acts of Parliament, 2023 (India). • Cinematograph (Amendment) Bill, 2023,

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(Aug. 1, 2023), https://www.drishtiias.com/daily-updates/daily-news-analysis/cinematograph-amendmentbill-2023. • Film Industry Faces Loss of Rs 20,000 Cr Annually Due to Piracy: AAP MP Raghav Chadha in Rajya Sabha, THE PRINT (Aug. 2, 2024), https://theprint.in/feature/film-industry-facesloss-of-rs-20000-cr-annually-due-to-piracy-aap-mp-raghav-chadha-in-rajya-sabha/2204969/.

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(Mar. 21, 2026), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2246198. • Press Information Bureau, Government Notifies the Cinematograph (Certification) Rules, 2024 to Comprehensively Improve the Film Certification Process, MINISTRY OF INFORMATION

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(Apr. 16, 2026), https://www.thehindu.com/entertainment/movies/thalapathy-vijay-jana-nayagan-controversyexplained-leaked-piracy-cbfc-new-release-date-tvk-kvn/article70753384.ece. • The Cinematograph (Certification) Rules, 2024, VISION IAS (Apr. 15, 2024), https://visionias.in/current-affairs/monthly-magazine/2024-04-15/polity-and-governance/thecinematograph-certification-rules-2024. • Entertainment Bureau, Was the 1912 Marathi Movie Shree Pundalik India’s First Feature Film? What We Know, NEWS18 (Oct. 23, 2023), https://www.news18.com/movies/was-the- 1912-marathi-movie-shree-pundalik-indias-first-feature-film-what-we-know-8598605.html.