"We have received shocking news that a pirate site torrent is advertising that Dishoom will soon be shown. If a pirate site advertises that there will be a leak, there could be nothing more frightening for a producer. So we held an emergency meeting since I am the president of the Film Producer's Guild, and we senior producers thought about what can be done about it," he told the press.
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If you are an avid Internet user, this news might have scared you. A recent report claimed that users who visit blocked URLs, including torrent sites in India will be sentenced to three years in jail and charged a fine of Rs 3 lakh.
The reports also claimed that anyone who tries to view a torrent file from any banned website in India will be slapped with the charges. In simpler terms, you don't need to download a torrent file to get into the crime books. According to the reports, accessing information under a blocked URL will also be considered a punishable offense.
However, the new message has an alarming tone after the Bombay HC felt that it should spell out the chargeable offenses under copyright act. It reads: "This URL has been blocked under the instructions of the Competent Government Authority or in compliance with the orders of a Court of competent jurisdiction. Viewing, downloading, exhibiting or duplicating an illicit copy of the contents under this URL is punishable as an offence under the laws of India, including but not limited to under Sections 63, 63-A, 65 and 65-A of the Copyright Act, 1957 which prescribe imprisonment for 3 years and also fine of upto Rs. 3,00,000/-. Any person aggrieved by any such blocking of this URL may contact at urlblock@tatacommunications.com who will, within 48 hours, provide you the details of relevant proceedings under which you can approach the relevant High Court or Authority for redressal of your grievance."
1. Will visiting a blocked URL send one to jail? We might land up on those pages accidentally, even without an intention to download copyright material and would stumble upon the above mentioned warning. Would that make one a criminal? No, it won't. Legal experts say that there is no provision to make visiting a website punishable. But if the site has child pornography, it is a punishable offense.
2. Would downloading copyrighted content land you in jail? Yes, it can. But if that was the case in India, lakhs of Indians would have been in jail already. Why? India has a humongous number of torrent users and most of them visit torrent sites regularly to download digital content which will also have copyright material. Downloading copyright material online has been declared illegal in India for a while now, but it is not humanly possible to go after torrent users.
3. Can't one check any torrent sites at all? Not all the torrent sites are banned in India. Some Internet service providers (ISPs) might have blocked all of them, but there are n-number of proxy websites that netizens know how to access the blocked sites. However, it does not mean that proxies are untraceable. But, if one wants her/his way in downloading a torrent file, it is not rocket science for them to figure out on the world wide web. Mind you, not all proxy sites are safe for they might expose you to cyber attack.
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