India to crack down on film piracy as industry losses mount to ₹20,000 crore

Union I&B Minister Anurag Thakur, while discussing the Cinematograph (Amendment) Bill in Parliament, had emphasised that the law's primary aim is to curb film piracy—a long-standing demand of the industry. The Act represents the first major amendment in 40 years and incorporates stringent provisions against film piracy, including digital piracy, which has become increasingly prevalent since the last significant amendments were introduced in 1984. Notably, the amendments include severe penalties, such as a minimum of three months imprisonment and fines of ₹3 lakh, with the potential for imprisonment of up to 3 years and fines amounting to 5% of the audited gross production cost.

The Act outlines specific criteria for those who can apply to the Nodal Officer to initiate action against pirated content. Only the original copyright holder or a person authorised by them can file complaints. In cases where a complaint is raised by an unauthorized party, the Nodal Officer can conduct a hearing on a case-by-case basis to determine the legitimacy of the complaint before issuing any directives.

Upon receiving directives from the Nodal Officer, digital platforms will be obligated to remove internet links hosting pirated content within 48 hours. This swift response mechanism aims to curb the spread of pirated material and protect the interests of the film industry.

The Cinematograph (Amendment) Act, 2023 (12 of 2023) addresses various issues concerning film certification and unauthorised recording and exhibition of films, and notably, film piracy via unauthorised internet distribution. These amendments align with existing laws that address film piracy, including the Copyright Act, 1957, and the Information Technology Act (IT), 2000.

A new section, 6AB, has been added to the Cinematograph Act, 1952, stipulating that the exhibition of an infringing copy of a film for profit at an unlicensed venue or in a manner that infringes copyright is prohibited. Section 7(1B)(ii) in the Cinematograph Act grants the government the authority to take action against intermediaries hosting infringing copies in contravention of the newly inserted section 6AB.