All’s not lost in war against piracy: I&B proposes penalties

On Monday, the Lok Sabha passed the Cinematograph (Amendment) Bill 2023, which cracks down on film piracy. Earlier, in his speech, Union Information and Broadcasting Minister Anurag Thakur in the Rajya Sabha said, “The film industry is facing a loss of Rs 20,000 crore annually because of piracy. Online piracy saw a 62% surge during the pandemic. Hence the Bill proposes a three-year jail term and a fine from ₹3 lakh to up to 5% of a movie’s production cost for those making pirated movies.”
WHAT WILL CHANGE AFTER AMENDMENT IN CINEMATOGRAPH ACT?
Ameet Naik, founder and managing partner of a legal firm, explains “The current laws that address piracy are Copyright Act and Information Technology Act, which prescribe penal provisions for piracy. However, there was no such penal provision under the Cinematograph Act for piracy. With the new amendment introduced in the Cinematograph Bill, recording of a film or helping a person to record a film in a cinema theatre using audio-visual devices has been prohibited and punishment is proposed. The Act therefore harmonises with the Copyright Act and IT Act on piracy.”

CAN RECORDING SHORT CLIPS FOR SOCIAL MEDIA GET YOU ARRESTED?
Does the Amendment mean you can be arrested for posting movie clips on social media from the theatre? Last week in Rajya Sabha, Anurag Thakur said that he has been getting this question a lot and clarified, “(If) you record a shot for one minute and you are not posting (it), then you will not be punished. But if you record the entire movie and try to gain profit from it then you will be punished under 6A of the Cinematograph Act.”
FILMMAKERS OFTEN APPROACH COURTS TO BLOCK ILLEGAL WEBSITES
Over the years, film piracy has changed its forms – from CDs and pendrives to websites, and now it is circulated through social media. In recent years, pirated versions of many Hollywood and Bollywood films were immediately available online post theatrical or digital release. In some cases, like Salman Khan-starrer Radhe (2021), pirates even announced the sale of the movie on Facebook after its release. In the last few years, makers of several films have approached the court to block websites streaming films illegally. Courts have also passed john doe orders, a pre-infringement injunction for when makers anticipate piracy of their films or shows.

FILMMAKERS OFTEN APPROACH COURTS TO BLOCK ILLEGAL WEBSITES
Over the years, film piracy has changed its forms – from CDs and pendrives to websites, and now it is circulated through social media. In recent years, pirated versions of many Hollywood and Bollywood films were immediately available online post theatrical or digital release. In some cases, like Salman Khan-starrer Radhe (2021), pirates even announced the sale of the movie on Facebook after its release. In the last few years, makers of several films have approached the court to block websites streaming films illegally. Courts have also passed john doe orders, a pre-infringement injunction for when makers anticipate piracy of their films or shows.
‘TRAINED STAFF, INCREASED SECURITY AT MULTIPLEXES TO STOP PIRACY’
The MAI (Multiplex Association of India) has made several representations and suggestions to the I&B ministry to curb piracy. Kamal Gianchandani, President, MAI, says, “Piracy happens through different sources, hence it is difficult to pinpoint a single source. Multiplexes have security measures in place to curb piracy. But having said that there are single screens and small multiplexes from where such leaks could hap- pen too. Hence enforcement is crucial. The MAI is continuously in talks with the police departments of various states, as they play a major role in curbing piracy, and the states have been supportive.” Cinemas take several measures, such as increasing security during the first weekend of a film’s release, deploying trained projectionists and staff to prevent any illegal activity inside a cinema hall, and taking immediate action if they come across any such case.