Discuss about the Film Piracy in India, Peace Accord Between GOI and UNLF

Film Piracy in India

Why in news?

With the film industry facing losses of up to Rs. 20,000 crore every year due to piracy, the Ministry of Information and Broadcasting has taken strong steps to check film piracy in the country.

After the Parliament passed the Cinematograph (Amendment) Act, 1952 during this year’s Monsoon Session, the Ministry of Information and Broadcasting has established an institutional mechanism of Nodal Officers to receive complaints against piracy and direct the intermediaries to take down pirated content on digital platforms

Background:

• The decision came in the wake of the Cinematograph Amendment Bill 2023, which was passed in Parliament recently.
• Presently, there is no institutional framework in place to directly take action on pirated film content other than legal action under the Copyright Act and the Indian Penal Code (IPC)

 

Provisions in Cinematograph (Amendment) Bill, 2023

• Anti-Piracy Provisions: The bill aims to deter piracy of films by imposing strict penalties on individuals involved in unauthorized audio-visual recording and distribution of copyrighted content. The provisions include:
  • Jail Term: Imprisonment from 3 months to 3 years.
  • Fine: From Rs. 3 lakhs to 5% of the audited gross production cost.
• Expansion of Copyright Coverage: It aims to extend the coverage of the Cinematograph Act, 1952, which was primarily focused on censorship, to now encompass copyright protection.
  • This move aligns with the evolving landscape of film distribution and aims to safeguard the Intellectual Property rights (IPR) of filmmakers and content creators.
• Government’s Limited Powers over CBFC: It emphasizes the autonomy of the Central Board of Film Certification.
  • The Government may no longer have revisional powers over the CBFC’s decisions, based on the Supreme Court’s judgment in the case of K.M. Shankarappa vs Union of India (2000).
• Age Ratings: The amendment bill introduces a new age rating system for films that require adult supervision. The current U/A rating, which covers a broad age range, will be split into three distinct categories:
  • U/A 7+: Films suitable for children above the age of 7 with parental guidance.
  • U/A 13+: Films suitable for children above the age of 13 with parental guidance.
  • U/A 16+: Films suitable for children above the age of 16 with parental guidance.
  • This new classification system aligns with the graded-age classifications implemented for streaming platforms under the IT Rules, 2021 and Shyam Benegal Committee recommendations (2017).
• Recertification for TV and Other Media: Historically, films rated for adults have been prohibited on television since a 2004 Bombay High Court order.
  • As a result, broadcasters often voluntarily make cuts to films and seek re-certification from the CBFC for a U/A rating.
    • The bill formalizes this practice, allowing films to be recertified for television and “other media.”
• Perpetual Validity of Certificates: The Act has been amended to remove the 10-year validity restriction on CBFC certificates, thereby granting them perpetual validity.

Cinematograph Act of 1952   The Cinematography Act, 1952 was enacted by the Parliament to ensure that films are exhibited in accordance with the limits of tolerance of Indian society. It lays down the principles of guidance for certifying films, such as the interest of Sovereignty and Integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court. Section 3 of the Act provides for the establishment of Central Board of Film Certification (CBFC, popularly known as the censor board). CBFC is a statutory body under the Ministry of Information and Broadcasting, that regulates the public exhibition of films under the provisions of the Cinematograph Act 1952. It also provides for the constitution of an Appellate Tribunal to hear appeals against the decisions of the Board.

 

What are the platforms of Piracy?

• A statement by the Information & Broadcasting Ministry digital platforms – such as YouTube, Telegram channels, websites or other online platforms will be required by law to remove internet links with pirated content.

What does content piracy mean?

• Piracy refers to the unauthorized duplication of copyrighted content that is then sold at substantially lower prices in the ‘grey’ market.
• The ease of access to technology has meant that over the years, piracy has become more rampant.

Reasons for Piracy of content:

• Piracy has increased due to the expansion of the internet and the desire of practically everyone to consume film content for free and this step would empower them to take immediate action in cases of piracy, providing relief to the businesses.

Need for regulation:

• Cinematograph Amendment Bill 2023: According to the Union Minister, the Act aimed to curb film piracy, a measure which has been a long-standing demand of the film industry.
• The Act was amended after 40 years to incorporate provisions against film piracy, including digital piracy after the last significant amendments were made in 1984.

 

Legal actions against piracy in India:

• Indian Penal Code, 1860: The act of counterfeiting or piracy will involve cheating under Section 415 of IPC and whoever cheats is liable to an imprisonment of one year or fine or both.
• Cinematograph (Amendment) Bill, 2023: The Bill has provisions for up to three-year jail term and a fine of up to five per cent of the production cost of a film for persons making pirated copies of movies.
• Information Technology Act of 2000 is another piece of law that addresses digital piracy.
  • Section 66 of the Information Technology Act punishes unauthorized online distribution of copyrighted content with up to 3 years in prison and fines of up to Rs.2 lakhs.

Conclusion:

The amendment bill is being praised as a long-awaited and positive step by the film industry nationwide. It is expected to foster a culture of innovation, creativity, and job creation within the sector. Nevertheless, it is crucial to uphold a balance between freedom of expression and reasonable restrictions moving forward.

 

 

Peace Accord Between GOI and UNLF

Why in news?

Recently, the Union Government and the Manipur Government have signed a peace agreement with the United National Liberation Front (UNLF), a Meitei extremist organization.

 

About the United National Liberation Front (UNLF):

• The UNLF was formed in 1964, and is distinct from the insurgent groups active in the state’s Naga-dominated and Kuki-Zomi dominated hills.
• The UNLF is one of the seven “Meitei Extremist Organisations” banned by the Union government under the UAPA, 1967
• The UNLF has been operating both within and outside Indian Territory.
• It is believed that the UNLF initially received training from the NSCN (IM), the largest insurgent group among the Naga factions.
• It operates in all the valley areas of Manipur and some villages in the Kuki-Zomi hill districts.
• It is a banned group It mostly operates from camps and training bases in Myanmar’s Sagaing Region, Chin State, and Rakhine State, with support from the Myanmar military

 

Factional differences

• There are two factions of the UNLF. 65 cadres of one of the factions of the UNLF, led by K. Pambei, have joined the peace pact.
• The other faction of the UNLF, led by R.K. Achou Singh alias Koireng, is still out of the pact and is said to be operating from Myanmar.
• This is the first time a valley-based Manipur armed group has agreed to return to mainstream by abjuring violence.

Insurgency in Northeast India

• Northeast India (NEI) today comprises eight states of India: Sikkim and the “seven sister states” i.e. Assam, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura and Meghalaya.
• NEI is bounded by Tibet Autonomous Region (TAR), Nepal, Bhutan, Myanmar and Bangladesh.
• NEI has been witnessing insurgency since the 1950s

Other insurgent groups of Manipur:

• Several other Insurgent groups of Manipur are Kangleipak Communist Party (KCP), People’s Liberation Army (PLA), Kanglei Yawol Kanna Lup (KYKL), People’s Revolutionary Party of Kangleipak (PREPAK), National Socialist Council of Nagaland – Khaplang (NSCN-K).
• A trilateral Suspension of Operations (SoO) agreement was established in 2008 involving the Central government, the state of Manipur, and insurgent groups from the Kuki-Zomi region.

 

The Suspension of Operations (SoO) Pact The SoO agreement with Kuki was signed in 2008 as a ceasefire agreement between the Indian government and various Kuki militant groups operating in the northeastern states of Manipur and Nagaland. Under the agreement, the Kuki militant groups agreed to stop carrying out violent activities and come to designated camps to be monitored by security forces. In return, the Indian government agreed to suspend its operations against the Kuki groups. The Joint Monitoring Group (JMG) oversees the effective implementation of the pact. Security forces, including state and central forces, cannot launch operations, nor can the underground groups.

Reasons for Insurgency in NEI:

• Multi-Ethnic Region: The region is home to around 40 million people including 213 of the 635 tribal groups listed by the Anthropological Survey of India. The situation gets further aggravated due to inter-tribal rivalries, which fuel tribal/ethnic insurgencies.
• Underdeveloped Region: Due to the difficult terrain, configuration of forests and mountains, infrastructural development in the region has been slow. This has increased a sense of disenchantment with the authorities.
• Lack of Livelihood opportunities: In the absence of major economic opportunities the youth are easily lured by various insurgent groups to earn easy money.
• Sense of Isolation, Deprivation and Exploitation: Distance from the center and meager representation in the parliament has further led to disillusionment in the dialogue process, thereby making call of the gun more attractive.
• Demographic Changes: The influx of refugees from neighboring countries have led to a dramatic change in the demographic landscape of the region.
• External Support: The insurgencies in the NEI have been supported by erstwhile East Pakistan, in the form of training of personnel of Naga Army and giving them weapons. Later, China also provided weapons and moral support to the insurgents

 

Government steps for the development of NER

• PM-DevINE Scheme: Prime Minister’s Development Initiative for North Eastern Region (PM-DevINE) aims to support infrastructure and social development projects along with enabling livelihood activities for youth and women.
• Northeast Desk: A dedicated Northeast Desk has been set up within Invest India, which supports the Northeast States in their outreach activities to the investors as well as in facilitating and handholding select companies.
• Mission Organic Value Chain Development (MOVCD-NER): The aim of the mission is to promote organic farming in the region. It seeks to replace traditional subsistence farming with a cluster-based approach.
• Connectivity Projects: To create alternate routes to the region and decrease its dependence on the Chicken’s Neck, the Indian government has planned additional routes through South East Asia like Kaladan Multi-Modal Transit Project, Bangladesh-China-India-Myanmar (BCIM) Corridor, etc.
• Separate ministry for the region: The Department of Development of North Eastern Region (DoNER) was created in 2001 and was accorded the status of a full-fledged ministry in 2004.

 

Way Forward:

• Involvement of Civil Society: Engagement of civil society for rapprochement with the insurgent organizations for peace talks must continue.
• Support from neighboring countries: The armies of India and Myanmar carried out Operation Sunrise along the Indo-Myanmar border to counter insurgent groups in Myanmar.
• Cultural Sensitivity: Respect the diverse cultural and ethnic identities in the region and incorporate local perspectives into policies and programs of the government.
• Peace Agreements: Peace pacts such as the Bodo Accord, Bru-Reang Agreement, NLFT-Tripura Agreement, Karbi Anglong Agreement and the Assam-Meghalaya Inter State Boundary Agreement etc should be encouraged. The agreements are poised to give a fillip to usher in a new era of peace in the North East