OTT platforms in India have finally become aware of the pervasive problem of streaming piracy. Disney-Star, fed up with the epidemic of illegal streaming of its property, filed an FIR with the cyber police of Bengaluru last week against piracy portals such as TamilMV, Tamilrockers, etc. How probable is a legal conviction in this instance? Given the difficulties and gaps in the current Indian legislative system, what are the prospects of solving the pirate menace?
In this two-part series, AdGully explores the murky underbelly of streaming piracy and the legal remedies available.
India may undoubtedly learn from the stringent anti-piracy measures prevalent in other nations. Japan and the United Kingdom are excellent examples. A few days ago, in Britain, a pirate named Steven King was ordered to pay over £1 million to the public exchequer for distributing unlawful streaming equipment to stream Premier League football footage. This was in addition to King’s seven-and-a-half-year sentence for orchestrating an unauthorised streaming service known as Dreambox, a “football pirate ring.”
However, can we anticipate the same level of conviction in India, where streaming piracy is virtually unchecked? The notorious “Tamilrockers” continue to leak films within minutes of an OTT release with considerable impunity and arrogance. Such doubtful aspects indeed exist due to the lack of teeth in India’s legal system, a country devoid of robust legislation and enforcement actions to deal with pirates, who currently operate as organised crime syndicates.
Aazmeen Kasad, an attorney and law professor, asserts that Indian legislation has not advanced with regard to digital piracy for a number of years, even though the problem continues to grow and costs original content owners money.
Aazmeen Kasad, delving deeply into the Disney-Star case, states that Disney-Star attempted unsuccessfully for approximately three months to file a complaint with the Tamil Nadu Cyber Crime Cell against TamilMV, TamilBlasters, Tamilrockers, and the PikaShow TV app for piracy/leaking television (TV), OTT, and film content on their platforms and app.
“They have now filed an FIR with the Bengaluru Cyber Crime unit under section 66 of the Information Technology (Amendment) Act of 2008, sections 63 and 65 of the Copyright Act of 1957, and section 1860 of the Indian Penal Code” (section 420). While it is unknown why they were unable to file an FIR in Chennai if they have provided sufficient evidence of streaming piracy of their content to the Bengaluru Cyber Crime Cell, and if their complaint is not only against R Kumaravel and R Radhakrishnan but also the platforms and app, they should be able to obtain at least a dynamic injunction against them that blocks not only existing sites where piracy is ongoing, but also new domains that attempt to cynically Aazmeen Kasad says that those convicted of violating Section 66 of the IT (Amendment) Act 2008 face a maximum of three years in prison or a fine of up to Rs 5 lakh, or both.
