Major Action by the Government to Curb Film Piracy

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The film industry in India has been grappling with significant losses, estimated to be as high as Rs. 20,000 crore annually, due to film piracy. To address this issue, the Ministry of Information and Broadcasting (MIB) has taken decisive measures to combat film piracy within the country.

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During this year’s Monsoon Session, the Parliament passed the Cinematograph (Amendment) Act, 2023, which provided a legal framework to tackle film piracy effectively. As part of its efforts, the Ministry of Information and Broadcasting has established an institutional mechanism consisting of Nodal Officers. These Nodal Officers are responsible for receiving complaints related to piracy and directing digital platform intermediaries to remove pirated content promptly. This initiative aims to curb film piracy and protect the interests of the film industry in India.

What do you mean by film piracy?

Film piracy is the unauthorized duplication and distribution of films without the permission of the copyright holders. This can be done in a variety of ways, including:

Making illegal copies of films and selling them or giving them away
Uploading films to the internet for others to download
Streaming films online illegally
Downloading films from illegal websites or torrent sites

Film piracy is a serious problem for the film industry. It causes billions of dollars in lost revenue each year. It also harms filmmakers, actors, and other crew members who rely on film revenue for their livelihoods.

The Cinematograph (Amendment) Act, 2023

Absence of a Mechanism to Address Film Piracy

The absence of an institutional mechanism to address pirated film content directly has created challenges for the film industry, particularly in the age of widespread internet access and a strong demand for free access to films. The establishment of an institutional mechanism, led by the MIB, will enable swift action in response to instances of piracy and offer much-needed relief to the industry.

Longstanding Demand

The Cinematograph (Amendment) Act, 2023, represents a significant step forward in combating film piracy, meeting a longstanding demand of the film industry. The Act has been amended after 40 years to incorporate provisions against film piracy, including digital piracy, since the last major amendments in 1984. The amendment includes stringent penalties, including a minimum of 3 months of imprisonment and a fine of Rs. 3 lakh, extendable to up to 3 years of imprisonment and a fine of up to 5% of the audited gross production cost. These provisions aim to deter piracy and protect the interests of the film industry.

The Cinematograph (Amendment) Act, 2023 was passed by the Parliament during the Monsoon Session of 2023. It addresses various issues related to film certification, including the unauthorized recording and exhibition of films and film piracy, particularly through the transmission of unauthorized copies on the Internet. This Act imposes strict penalties for piracy and aligns with existing laws that tackle film piracy, such as the Copyright Act, 1957, and the Information Technology Act (IT) 2000.

Key Provisions

One key provision introduced by this amendment is the inclusion of section 6AB in the Cinematograph Act, 1952. This section prohibits the use or abetting of the use of infringing copies of films for public exhibition for profit at venues that have not been licensed under the Act or its associated rules. It also prohibits such use in a manner that constitutes copyright infringement under the Copyright Act, 1957, or any other applicable law.

Additionally, a new section, 7(1B)(ii), has been inserted in the Cinematograph Act. This section empowers the government to take suitable action to remove or disable access to infringing copies of films that are exhibited or hosted on intermediary platforms in violation of the provisions laid out in section 6AB. These measures aim to strengthen the legal framework for combating film piracy in India.

Who can apply?

Under the provisions of the Cinematograph (Amendment) Act, 2023, copyright holders or individuals authorized by them can apply to the Nodal Officer to request the takedown of pirated content. In cases where a complaint is raised by a person who does not hold the copyright or lacks authorization from the copyright holder, the Nodal Officer has the authority to conduct hearings on a case-by-case basis to assess the legitimacy of the complaint before issuing any directives.

Once the Nodal Officer issues directions as per the law, digital platforms are obligated to remove internet links hosting pirated content within a stipulated period of 48 hours. These measures aim to expedite the process of addressing film piracy and ensure that unauthorized copies of films are removed promptly from digital platforms.

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