Ministry of Information and Broadcasting (MIB) has directed the messaging platform Telegram to take down the pirated films, OTT content and other audio-visual material uploaded on it. It also called upon the company to put in place measures to actively detect, report, disable and remove such unauthorized content from its platform instead of waiting for the government to notify it of alleged violations.
As per the ministry’s direction, the company was also asked to provide the details regarding steps taken by it against repeat offenders of copyright infringement on its platform like channels, groups, bots, admins, users and other entities.
As per the notice sent by the ministry, the company was also asked to provide the details about its grievance redressal mechanism for film producers, OTT platforms, broadcasters, and law enforcement agencies concerning copyright infringements.
As per the notice sent by the ministry, the company was also asked to provide the details about its grievance redressal mechanism for film producers, OTT platforms, broadcasters, and law enforcement agencies concerning copyright infringements.
At the same time, Telegram was also asked to suggest the steps it has taken to prevent, detect and remove the unauthorized copyrighted content.
The ministry clarified that with the directions issued, there is an attempt to move to the next level in taking action against copyright infringement on online platforms. It emphasized that apart from responding to individual complaints, the onus is upon the companies to put in place robust systems to proactively prevent and detect such violations.
The ministry clarified that with the directions issued, there is an attempt to move to the next level in taking action against copyright infringement on online platforms. It emphasized that apart from responding to individual complaints, the onus is upon the companies to put in place robust systems to proactively prevent and detect such violations.
The government has already taken down over 3,000 Telegram channels for hosting and distributing pirated content. However, it is felt that the step taken so far by blocking channels one by one is not an effective approach and the companies need to move to the next level.
The ministry reminded Telegram that it was obliged to comply with the requirements of the Information Technology Act, 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 concerning its responsibility as an intermediary platform.
The ministry reminded Telegram that it was obliged to comply with the requirements of the Information Technology Act, 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 concerning its responsibility as an intermediary platform.
It observed that due diligence by the companies so that they are not host to any unlawful activities on their platforms cannot be left to the authorities to identify the channels hosting unlawful content.
The ministry drew attention to the fact that violation of copyright laws in India is not only a civil wrong but also a punishable offence under Copyright Act, 1957 and Cinematograph Act, 1952.
The ministry drew attention to the fact that violation of copyright laws in India is not only a civil wrong but also a punishable offence under Copyright Act, 1957 and Cinematograph Act, 1952.
Therefore, continued availability of unauthorized content on Telegram, lack of adequate response as expected by the ministry, and failure to address the issues raised by it may trigger further regulatory actions.
The latest initiative by the ministry reflects its commitment to protecting and promoting India’s creator economy and the content ecosystem.
The latest initiative by the ministry reflects its commitment to protecting and promoting India’s creator economy and the content ecosystem.
It may be noted that the government has taken several steps to ensure that the rights of filmmakers, broadcasters, OTT platforms, producers, distributors and other content creators are protected against online piracy. By asking the online intermediaries to take more responsibility, the government is encouraging them to adopt better moderation practices in order to prevent the unlawful use of content on their platforms.
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