New Delhi : Since the film industry suffers a loss of Rs 20,000 crore every year due to piracy, the Ministry of Information and Broadcasting has taken strict steps to stop piracy. Now, CBFC and Information & Broadcasting Officers are authorized to direct blocking, removing any website/app/link having pirated film content.
After Parliament passed the Cinematography (Amendment) Act 1952 during the monsoon session this year, the Ministry of Information and Broadcasting has set up a set of nodal officers to receive complaints against piracy and direct intermediaries to remove pirated content on digital platforms. As of now, there is no institutional mechanism to take direct action against pirated film content except legal action under copyright law and IPC. With the spread of the Internet and almost everyone being interested in watching film content for free, piracy has seen a rise. With the above action, immediate action will be taken by the Ministry of Information and Broadcasting in the case of piracy and the industry will get relief.
Regarding the bill, Union Minister of Information and Broadcasting, Anurag Thakur had said in the Parliament that the purpose of this law is to fulfill the long-standing demand of the film industry to curb film piracy. The law was amended 40 years later to include provisions against film piracy, including digital piracy, with the last significant amendment being made in 1984. The amendment includes stricter punishment of minimum 3 months imprisonment and fine up to Rs 3 lakh. The punishment may extend up to 3 years and a fine up to 5% of the audited gross production cost may be imposed.
Secretary of the I& B, Apurva Chandra clarified, Who can apply to do so? The original copyright holder or any person authorized by him for this purpose may apply to the nodal officer for removal of pirated material. If a complaint is made by a person who does not hold the copyright or is not authorized by the copyright holder, the Nodal Officer may hold a hearing on a case-by-case basis to determine the genuineness of the complaint before issuing directions. He further clarified that under the law, the digital platform will be bound to remove such internet links providing pirated content within a period of 48 hours after receiving instructions from the nodal officer.
The Cinematography (Amendment) Act 2023 (12 of 2023), passed by Parliament in the monsoon session, addressed issues related to film certification, including the issue of film piracy by unauthorized recording and screening of films and broadcast of unauthorized copies on the internet. There are strict penalties for piracy. This amendment is in line with the existing laws that address the issues of film piracy i.e. the Copyright Act, 1957 and the Information Technology (IT) Act 2000.
The newly inserted section 6ab of the Cinematograph Act, 1952 provides that no person shall use or abet the use of any infringing copy of any film for being exhibited to the public for profit at any exhibition place, which is not licensed under any law or rule made thereunder, or in a manner which would infringe copyright under the provisions of the Copyright Act 1957 or any other law for the time being in force. Further, the newly inserted section 7 (1b) (ii) of the Cinematograph Act provides that the Government may take appropriate action to remove, disable access to such infringing copy hosted, displayed or displayed on any intermediary platform in violation of the section.
