By Our Correspondent
NEW DELHI:Cinematograph (Amendment) Act, 2023 has strengthened the legal framework to deter film piracy. Section 6AA and 6AB of Cinematograph Act prohibit unauthorized recording and transmission of films. Section 7 (1A) provides that if any person contravenes the provisions of Section 6AA or Section 6AB, they shall be punishable with a minimum 3 months imprisonment and fine of Rs. 3 lakh, which can be extended up to 3 years imprisonment and fine up to 5% of the audited gross production cost. Further, Section 7(1B)(ii) enables the Government to notify the intermediaries hosting pirated content under section 79(3) of the Information Technology Act, 2000.
Ministry of I&B has established an institutional mechanism through designated Nodal Officers to receive complaints, in the prescribed format issued vide Public Notice dated 03.11.2023. Such complaints may be submitted by original copyright holders of cinematograph films, persons authorized by them, or any other individual regarding the exhibition of pirated or infringing copies of films on the internet. Upon receipt, notifications are issued to intermediaries for disabling access to the identified links.
Section 79(3)(b) of IT Act, 2000 provides for notification by appropriate Governments of unlawful act or content to the intermediaries for removing/disabling access to such content. Intermediaries are required to remove any content violative of any law for the time being in force as and when brought to their knowledge either through a court order or through a notice by appropriate government or its authorized agency.
The Government of India has notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) under IT Act, 2000. Part-II of the IT Rules, 2021 relating to intermediaries, including social media intermediaries, inter-alia casts specific obligations on intermediaries relating to information hosted, displayed, uploaded, published, transmitted, stored or shared on their platforms.
Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules provides that the intermediaries should make reasonable efforts by itself. They should not allow its computer resource to be used to host, display, upload, modify, publish, transmit, store, update or share any information that infringes any patent, trademark, copyright or other proprietary rights.
Anti-piracy action
In accordance with the above-mentioned provisions of law, the intermediary Telegram App was notified under Section 79(3)(b) of IT Act, 2000 on 11.03.2026 to remove and disable access to the 3,142 Channels publishing content owned by or licensed to certain content owners, OTT platforms and producers without authorization in violation of the Copyright Act, 1957. Further, access to approximately 800 websites hosting pirated content has been disabled through Internet Service Providers (ISPs).
