Piracy & Penalty: Cinematograph Amendment Act 2023

While top anti-piracy companies like BLOCK X work towards curbing piracy at all ends, strong laws like Cinematograph Amendment Act bring a sharper legal edge, delivering a strong message, making piracy a punishable crime that prevents at least a few from practicing it. When it comes to the penalties of piracy, not everyone knows about all the points. Here we are, decoding the Cinematograph Amendment Act, 2023.

What’s in the Cinematograph Amendment Act, 2023?

The Cinematograph Amendment Act, 2023 marks a major turning point in India’s fight against film piracy. The law directly targets piracy including digital formats with its expanded scope that targets anyone using any audio-visual device to make, transmit, or abet illegal duplication of a film or part thereof without written authorization in places licensed for exhibition.

Digital Piracy Included
The law now covers unauthorized online streaming, downloads, and uploads, addressing a long-standing loophole.
Sections 6AA & 6AB: No More Sneaky Recordings
Anyone caught recording a film in theatres without permission or transmitting it digitally faces criminal action.
Stricter Penalties
A minimum 3-month jail term and ₹3 lakh fine, going up to 3 years imprisonment or a penalty of 5% of the film’s gross production cost.
Section 7(1B)(ii): Government Powers Strengthened
The Centre can now block or remove pirated content from digital platforms and websites swiftly.
Collaborative Enforcement
The law calls for active coordination between the CBFC, Ministry of Information & Broadcasting, law enforcement, and tech platforms, a multi-stakeholder approach to curb piracy at its roots.

The Cinematograph Amendment Act is no doubt a welcome move in the fight against piracy. But the reality is, piracy today is far more complex than people recording movies inside theaters. That’s just the tip of the iceberg. The bigger threats lie in sophisticated online operations like mirror sites that resurface as quickly as they’re blocked by ISPs, offshore platforms beyond India’s jurisdiction, and cyberlockers that distribute pirated content to millions.

Another concern is enforcement capacity. Under the Cinematograph Amendment Act, 2023, the I&B Ministry and CBFC have appointed 12 nodal officers at headquarters and regional offices to handle piracy complaints. These officers can receive complaints from rights holders, verify their validity, issue takedown orders to platforms like YouTube or Telegram, and ensure pirated content is removed within 48 hours.

Our nodal officers, though well-intentioned, are under-resourced and strongly believe that better technical training to track, detect, and dismantle modern piracy networks would improve the current scenario. Multiple overlapping laws like the Cinematograph Amendment Act, the Copyright Act, the IT Act, and the IPC, further complicate enforcement by creating confusion over which authority should take the lead.

This Act is a step in the right direction, but it doesn’t go far enough. The law primarily targets unauthorized recording at the point of origin (such as theaters) but does not solve the extended challenges posed by online piracy, but another good part is that the amendment removes the earlier rule requiring films to renew their certification every ten years and instead grants lifetime validity to film certificates.

To truly safeguard creators, we need a comprehensive framework that addresses online piracy in all its forms, empowers enforcement agencies with training and advanced tools, and establishes cross-border protocols with hosting providers.

At BLOCK X, we’re already a step ahead, partnering with platforms, identifying pirated content at source, and helping creators safeguard their work by closing these gaps. With our continued efforts, we’re confident that digital pirates will find fewer places to hide.