MUMBAI: Browsing the net to watch or download pirated copies of films may lead you to blocked websites, and a stern warning from your local internet service provider. The URLs have been blocked following a Bombay high court order under the Copyright Act, where offenders could attract a three-year prison term and fine of up to Rs 3 lakh for viewing, downloading, exhibiting or duplicating an illicit copy of copyrighted content.
In July, the HC blocked “134 web links and URLs” on a plea by producers of ‘Dishoom’, who sought orders against illegal distribution of their film through online piracy. The warning is essentially to enable any link or URL wrongly blocked to initiate steps to have it unblocked. But Indian netizens worry that merely visiting a blocked site could land them in jail.
Allaying such fears, senior counsel Venkatesh Dhond said, “A user who merely reaches a site that has been blocked...is not liable to any penalty. But if he persists with his attempt and accesses the pirated print, then he could be liable to punishment under the law.”
In a bid to strike a balance between the rights of film producers and legitimate ecommerce sites, Justice Gautam Patel, while ordering the blocks, also directed ISPs to display a disclaimer that the site was unavailable due to a court order. Subsequently, on August 12, an ISP, Tata Communication Ltd (TCL), pleaded that it was “technically impossible” to implement the directive.
But the court insisted that TCL should display the warning message: “This URL has been blocked under the instructions of the competent government authority or in compliance with the orders of a court of competent jurisdiction. Viewing, downloading, exhibiting or duplicating an illicit copy of the contents under this URL is punishable as an offence under the laws of India, including but not limited to under Sections 63, 63-A, 65 and 65-A of the Copyright Act, 1957 which prescribe imprisonment for 3 years and also fine of up to Rs 3 lakh.”
Also, “any person aggrieved by any such blocking of this URL may contact a nodal officer within 48 hours… for redressal.”
The order is applicable only to links on Indian websites. The HC had recently passed a similar blocking order for 110 websites when makers of ‘Great Grand Masti’ said it would be no fun for them if viewers had access to illegal, pirated copies online. The producers then had sought 800 websites and links to be blocked, but the HC wanted specifics. But Justice Patel expressed concern that such orders should not affect legitimate businesses in the bargain.
FAQs
Browsing the net to watch or download pirated copies of films may lead you to blocked websites, and an on-screen warning. Offenders could attract a three-year prison term and fine of up to Rs 3 lakh for viewing, downloading, exhibiting or duplicating an illicit copy of copyrighted content.
What is the punishment for pirating movies in India? ›
Under Section 66 of the said Act, violators can face up to 3 years of imprisonment and a fine of up to Rs. 2 lakh. Furthermore, the Indian Judiciary has introduced the concept of John Doe orders. These orders allow for action against unknown offenders, often used by film producers to combat online piracy.
How long do you go to jail for pirating movies? ›
Maximum penalties for misdemeanor copyright infringement are one year in prison and a $100,000 fine. Maximum penalties for felony copyright infringement generally are: Commercial advantage or private financial gain: five years in prison and a $250,000 fine.
How much is the fine for piracy in India? ›
Remedies under the Act
As per Section 63 of the Act any person who infringes the copyright shall be punishable with imprisonment of not less than 6 months which may be extended up to 3 years and with fine which shall not be less than Rs. 50,000 and may extend to 2,00,000.
How does piracy affect the film industry? ›
Revenue Loss: Piracy leads to significant financial losses for filmmakers, producers, and distributors as it directly competes with legitimate box office sales and streaming services.
Is streaming pirated content illegal in India? ›
This undermines both intellectual property rights and consumer safety. Online Streaming Piracy: Online streaming piracy involves the illegal sharing and streaming of copyrighted content, including movies, TV shows, and sports events, through unauthorised streaming platforms.
Will you go to jail for watching movies online? ›
If you're simply watching a stream of unlicensed content, you're not technically breaking the law. Where it becomes a crime is if you download the movie or show or host a stream yourself.
Is 123Movies legal? ›
123Movies and other similar pirate sites violate copyright laws and operate in a legal gray area or even illegally. Using such a site is illegal in many countries. This can cause law enforcement agencies and copyright holders to monitor and track you for legal repercussions.
Can you go to jail for streaming movies? ›
In some instances, illegal streaming can lead to criminal charges, especially if it involves large-scale piracy operations. Law enforcement agencies may investigate and prosecute individuals or groups involved in the illegal distribution of copyrighted content.
What is the new law on piracy in India? ›
The Cinematograph Amendment Act 2023 aims to combat piracy by prohibiting unauthorized recording and exhibition of films, receiving praise for its efforts. However, it falls short in addressing the complexities of online piracy, leaving loopholes such as mirroring servers and jurisdictional challenges unresolved.
In fact, piracy is a federal crime. These felony charges can land you in prison for a year or longer, depending upon the circ*mstances of your individual case. Although at first glance, piracy might seem like a victimless crime, it's still considered theft.
What are the new rules for piracy in India? ›
The Bill proposes a jail term of up to three years and a fine up to 5% of a film's production cost for persons involved in film piracy. It also introduces new age ratings for films.
How do cinemas catch piracy? ›
Camcorder Detection Systems
When a recording device is detected, cinema staff can promptly intervene to prevent illegal recording. This technology acts as a frontline defense, thwarting attempts to capture high-quality copies of films within theaters and discouraging potential pirates.
How bad is it to pirate a movie? ›
Digital piracy is the act of downloading and or distributing copyrighted material and intellectual property without paying for it. And it is most certainly an illegal act. Digital piracy is a violation of federal copyright laws. It can result in steep fines and imprisonment.
What are 2 consequences of piracy? ›
U.S. Copyright Law
Copyright infringements can be punishable by up to five years in prison and $250,000 in fines. Repeat offenders can be imprisoned for up to 10 years. Violators can also be held civilly liable for actual damages, lost profits, or statutory damages up to $150,000 per work.
Can you go to jail for downloading movies in India? ›
In India, the punishment for downloading movies with torrents can include imprisonment for up to three years, a fine, or both. The punishment can vary depending on the severity of the violation and the number of movies downloaded.
Can you be punished for watching pirated movies? ›
If you're simply watching a stream of unlicensed content, you're not technically breaking the law. Where it becomes a crime is if you download the movie or show or host a stream yourself.
Is it illegal to watch movies online for free in India? ›
As long as you're streaming from a legitimate site, you can enjoy watching movies online for free. Are There Any Free Streaming Sites Legal? Yes! Numerous legal and free websites allow you to watch movies online.
