By Shilpi Sharan and Nitika Sinha
In 2023, the Indian cinema proudly won two Oscars, proving its global impact with RRR & Elephant Whisperers. However, there’s a downside – India ranks third worldwide in online movie piracy[1]. It’s like dancing with a double-edged sword, balancing on one side with global recognition and on the other dealing with challenges of online piracy at home. With time, the Indian Film Industry has been putting more pressure on producers and filmmakers to create fresh content for perfect Friday movie nights. While the industry enjoy the global acclaim, there is a dire need of protection against online piracy. In response to this pressing issue, the Ministry of Information and Broadcasting has taken a significant step. Recognizing the menace of online piracy, they have announced the appointment of Nodal officers, aiming to curb this growing problem and safeguard the creative endeavors of the Indian film industry.[2]
Need to control Online Piracy:
Online Piracy basically means the unauthorized use, sale, distribution, downloading of copyrighted work without the permission of the owner of such copyrighted work in the digital sphere. Due to the increase in piracy, the Indian film industry incurs losses up to Rs. 20,000 crore annually[3]. This not only affects the overall economic growth but also violates the IP rights of creators and owners involved in such cinematograph films. In order to keep the situation in check and protect the rights of the creators and owners of such work and hold the infringers accountable the Ministry of Information & Broadcasting has decided to appoint officers to curb the menace of online piracy.
Initiative taken by the Ministry of Information & Broadcasting:
One of the major issues that the government face in controlling online piracy is the widespread distribution of infringing content on the internet, which makes it impossible for both the government as well as the copyright owners to keep a track of unauthorized use of copyrighted work on the internet.
After the passing of the Cinematograph (Amendment) Act of 2023, (hereinafter referred as Amended Act), in the parliament last year the Ministry of Information and Broadcasting (hereinafter referred as I&B) has appointed 12 nodal officers to act on complaints received for piracy. According to the press release issued on November 03, 2023, the nodal officers have been appointed in the Ministry of I&B and offices of Central Board of Film Certification (CBFC) headquarter in Mumbai and its regional offices in major film production centers.
The newly added provision especially, Section 6AB of the Amended Act provides that “no person shall use or abet the use of an infringing copy of any film to exhibit to the public for profit at a place of exhibition which has not been licensed under this Act or the rules made thereunder; or in a manner that amounts to the infringement of copyright under the provisions of the Copyright Act, 1957 or any other law for the time being in force” and Section 7(1B)(ii) provides that the “Government may take suitable action for removing/disabling access to such an infringing copy exhibited/hosted on an intermediary platform in a manner in contravention to the section 6AB”.
In terms of penalties, the Amended Act imposes a strict punishment of minimum 3 months imprisonment and fine of Rs. 3 lakhs which can be extended up to 3 years imprisonment and fine up to 5% of the audited gross production cost[4]
The Amendment Act also provides speedy remedial solution by ensuring that online platforms upon receiving directions from the respective Nodal Officers have to remove internet links, content hosting pirated content within a period of 48 hours.
Judicial Precedents on Online Privacy:
The Indian courts from time to time with their judicial pronouncements have provided remedies to the owners of cinematograph films against online piracy.
In the recent case of Universal City Studios LLC and Ors v. DotMovies.Baby and Ors. [5], the Hon’ble Delhi High Court while acting on the petition filed by 6 major OTT platforms has granted a “dynamic + injunction” restraining rogue websites from streaming, downloading, and viewing of copyrighted content without license and authorization of the owner.
In 2012, in the case of Bsa-Regal Group Ltd., the Hon’ble Madras High Court granted Quia-timet injunction to the producers of the movie ‘3’ after the release of their song ‘why this Kolaveri Di’ in trailers before the actual screening of the movie. This injunction restricted the “various websites and web pages that are hosted by various persons across the world involve in activities of recording, cam cording and reproducing the cinematographic films that are screened in theatres and then copying, reproducing them through various mediums including CDs, DVDs, VCDs, Blu-ray Discs, computer hard drives, pen drives and distributing the same for selling at a meagre sum to the general public.”[6]
Conclusion:
Online piracy is the modern-day Pandora’s Box for the Indian film industry, unleashing threats and myriads of challenges. This digital menace directly jeopardizes the hard work and creativity invested in making a movie. The bold move taken by the Ministry of Information & Broadcasting to reduce online piracy acts as an effort to contain the vast chaos, safeguard intellectual rights and preserve the integrity of cinematic experience.
Swayamsidha Das, Associate at S.S. Rana & Co. has assisted in the research of this Article.
[3] https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1974394
[4] ID AT 4
[5] https://www.livelaw.in/pdf_upload/universallcitystudiosllcandorsvdtmoviesbabyandors-487890.pdf
[6] https://indiankanoon.org/doc/100370340/
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