April 15, 2019:

Delhi High Court has suggested to introduce some scheme wherein if a person even after warning continues viewing or downloading any infringing or pirated material, he may be subjected to some fine.

A bench of Justice Manmohan has passed the order in case titled UTV SOFTWARE COMMUNICATION LTD vs 1337X.TO AND ORS on 10.04.2019.

The High Court was dealing with copyright infringement via internet.

The High Court also proceeded to make suggestion to the Government as “This Court is of the view that since website blocking is a cumbersome exercise and majority of the viewers / subscribers who access, view and download infringing content are youngsters who do not have knowledge that the said content is infringing and / or pirated, it directs the MEITY/DOT to explore the possibility of framing a policy under which a warning is issued to the viewers of the infringing content, if technologically feasible in the form of e-mails, or pop-ups or such other modes cautioning the viewers to cease viewing/downloading the infringing material. In the event the warning is not heeded to and the viewers / subscribers continue to view, access or download the infringing/pirated content, then a fine could be levied on the viewers/subscribers”.

The High Court was of the view “This measure, in the opinion of this Court, would go a long way in curbing the pirated content and the dark-net as well as in promoting the legal content and accelerating the pace of ‘Digital India’.”

If the Government accepts the suggestion of the High Court and issues appropriate notification, a person watching pirated movie online may suffer a fine if he does not stop even after proper warning.

Read the judgment here:

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