Accessing pirated content might lead to prison term & Rs 3-lakh fine
India puts onus of downloading and viewing pirated content on individuals
The
central government is putting the onus of downloading and viewing of
copyrighted content from sites it has blocked (with the help of internet
service providers) on users.
Visiting
torrent (a particular type of files) websites while on Tata Communications’
network recently had users being shown a message that viewing or downloading
content on those sites could land them in prison for up to three years and a
fine of up to Rs 3 lakh.
“There
is not enough room in our prisons to keep these infringers and enough time in
our courts to try them. It might sound very exciting as a message to put out
but, essentially, they’re trying to scare people into good behaviour,” said
Sunil Abraham, executive director at research firm Centre for Internet and
Society.
There
has been no change to the Copyright Act of 1957 or the Information Technology
Act of 2000 for the updated notice being shown to users upon visiting blocked
sites. Under these provisions, visiting a site, which is blocked is not illegal,
unless it is child pornography.
“Copyright infringement happens all the time and even in developed countries, the rates are very high. Crackdowns on individuals and consumers are never going to solve the problem,” added Abraham.
“Copyright infringement happens all the time and even in developed countries, the rates are very high. Crackdowns on individuals and consumers are never going to solve the problem,” added Abraham.
Experts say the most the government could do is prosecute a couple of
people and make examples of them, to dissuade others. This practice is followed
globally. There are no examples, though, in India of prosecution for copyright
infringement of online content.
The
recent alteration of the statement seen by users on Tata networks was done on
the directives of the Bombay High Court, after the company appealed that
showing individual messages for why each website was blocked was not feasible.
The resulting message sparked media frenzy that visitors of blocked websites
could now be imprisoned.
Other
media reports revealed that the recent blocking of websites by internet service
providers was prompted by court orders to prevent piracy of Dishoom, the Bollywood movie.
Regards
Pralhad
Jadhav
Senior
Manager @ Library
Khaitan
& Co
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