The movie "Udta Punjab" can be boldly categorized as
one of the most controversial movies of our times. The movie which
is based on the theme of drug abuse in the Indian State of Punjab
had first fallen into the vicious trap of the Central Board of Film
Certification (hereinafter referred to as the "CBFC")
which cleared its release with an astonishing 89 cuts and also
fluttered away the word "Punjab" from its title. However,
later on the movie was cleared by the Bombay High Court with only
one cut. The second controversy that the movie landed up in, was
its leak on the internet two days prior to its official scheduled
release. The movie was reportedly downloadable on torrent
Indian Daily, Times of India reports that pursuant to the
aforesaid incident, the makers of the movie filed a criminal
complaint of copyright theft with the Bandra- Kurla Complex cyber
police station.i Reports also mention that pursuant to
the said complaint, movie was removed from the websites and a
message was displayed on the sites which read as "removed due
to a copyright complaint".
PROVISIONS UNDER INDIAN LAW
Information Technology Act
Section 43(b) - If any person without permission
of the owner or any other person who is in charge of a computer,
computer system or computer network (b) downloads, copies
or extracts any data, computer data base or information from such
computer, computer system or computer network including information
or data held or stored in any removable storage medium he
shall be liable to pay damages by way of compensation not
exceeding one crore rupees to the person so
Section 66- Computer related offences- If any
person, dishonestly, or fraudulently, does any act referred to in
section 43, he shall be punishable with imprisonment for a term
which may extend to two three years or with fine which may extend
to five lakh rupees or with both.
This is not the first time that the Bollywood has encountered
the leak of a movie on the internet prior to its release. There
have been several instances when Bollywood movies have suffered a
In view of such prevalent instances of illegal broadcast of
movies, several times production houses invoke the remedy of
John Doe Orders (against unknown defendants) to restrain
illegal downloads and prevent cable operators from broadcasting the
movie without proper license or authorisation from the
Additionally, the Copyright Amendment Act, 2012 also introduces
provisions like protection of technological measure (Section
65A) and protection of right management information
(Section 65B) which entail digital rights management measures
for preventing piracy in cinematographic films.
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