Fret not Indians, merely viewing pirated movies online won’t land you in jail.
Amid confusion and panic among many in India, the Bombay High Court has ruled that it is not illegal to watch pirated content on the web. The ruling addresses a somewhat misleading notice posted by internet service providers in India last month which said that “viewing” copyright infringing content too is a punishable act under Indian law.Justice Gautam Patel of the Bombay High Court ruled that only when a user distributes a copyright infringing content that he or she is committing an offense. "The offense is not in viewing, but in making a prejudicial distribution, a public exhibition or letting for sale or hire without appropriate permission copyright-protected material," he said.Several internet service providers in the country began warning customers last month when they visited several torrent and file sharing websites. The warning said that “viewing, downloading, exhibiting, or duplicating an illicit copy of the contents [...] 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.”The notice understandably created a sense of panic among many. Several users wondered if they would be subjected to the penalty if they accidentally land on a shady file-sharing website, for instance. Justice Patel added that ISPs should make modifications to the warning.
Amlan Mohanty, a lawyer and internet activist, additionally reported a couple of holes in the notice to Mashable India, saying that the language used in it is problematic on many counts. The three-year jail time penalty, for instance, is supposed to only come in play when a user is distributing copyright infringing content for commercial purposes. The notice also ignored the fair use aspect, he added.
India is one of the biggest piracy markets in the world.
Justice Patel added that these notices should make users, who are inadvertently affected by a blocking order, aware of the remedies -- including the court they should approach for corrective or remedial action. None of these details were mentioned in the warning that ISPs ran last month.India remains one of the biggest piracy markets in the world. Film studios in the country see a significant dent in their earnings every year because of this. In recent years, they have started to take strict measures to curb distribution of their titles. For instance, many producers now seek a ‘John Doe’ order from the court to take down links of illegal copies in a more timely fashion. But often, ISPs err on the side of caution and end up blocking websites that aren't necessarily offering objectionable content.
FAQs
Watching them online, so long as you're not downloading them or making any copies of them is not technically illegal.
What is the punishment for piracy in India? ›
Information Technology Act of 2000: This act also addresses online piracy, particularly online distribution of copyrighted content. Under Section 66, unauthorised online distribution can result in up to 3 years in prison and fines of up to Rs 2 lacs.
What happens if you get caught for piracy? ›
A civil lawsuit could hold you responsible for thousands of dollars in damages. Criminal charges may leave you with a felony record, accompanied by up to five years of jail time and fines up to $250,000.
How do I report movie piracy in India? ›
Movie or television content - If your report relates to movie or television content, please contact the Alliance For Creativity And Entertainment at https://www.alliance4creativity.com/report-piracy/. Did you observe this piracy online or in the real world?
Can I 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.
Can you get caught pirating 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.
Do people still go to jail for piracy? ›
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.
Does anyone go to jail for piracy? ›
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.
Can piracy get you in jail? ›
81. Most overt acts of piracy come with a mandatory minimum of life imprisonment, while most others carry a maximum of 10 years in prison—not to mention hefty fines in many cases. Penalties for crimes of “participating in piracy” come with a maximum prison sentence of 10 years.
Can you go to jail for Torrenting? ›
It's unlikely that you'll be sent to jail for torrenting copyrighted material. It is dependent on the file itself, as well as if it was seeded and what legal jurisdiction you're in. There is a chance that you'll be fined and pursued via civil courts, rather than criminal courts.
While many instances of digital infringement are handled as civil matters, piracy can indeed escalate to a felony when certain criteria are met, such as willful copyright infringement for personal financial gain or commercial advantage.
Is Steamunlocked legal? ›
Legitimacy: Steam Unlocked is not a legitimate platform and does not have the licenses to distribute copyrighted games [2]. It is considered a piracy platform, as it offers cracked games that have been illegally distributed [2].
Is streaming movies illegal in India? ›
It is generally illegal to host a website that provides unauthorized access to copyrighted movies in India. Under Indian law, it is illegal to reproduce, distribute, or exhibit copyrighted works without permission from the copyright holder. This includes hosting movies on a website.
What are the laws for digital piracy in India? ›
Information Technology Act of 2000
This also addresses digital piracy concerns. Section 66 of this Act prescribes penalties, including imprisonment for up to 3 years and fines of up to Rs 2 lakhs, for the unlawful online distribution of copyrighted content.
What is the fine for online piracy? ›
In addition, any violation is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding $2,500, or by both that imprisonment and fine.
Is it illegal to watch pirated content in India? ›
If you are watching a pirated movie then yes, it's illegal to possess and the way the internet operates, streaming is pretty much downloading except you don't keep the result, it is flushed once it is all over. You may not be done for possesion but you would be done for Association.
Can you get in trouble for using pirated movie websites? ›
It's often claimed that illegally streaming is a 'grey area'. It's not. Anyone selling, distributing or allowing access to content without the permission of the copyright owner is committing a crime. But what you need to know is that anyone who is accessing content in this way is also committing a crime.
Is 123Movies banned in India? ›
In November 2018 TorrentFreak reported sites connected or similar to 123Movies such as WatchAsap had also been shut down by the FBI, but were re-directing to other file sharing sites. While the website was blocked in India, numerous clones proliferated in India in 2018.
