Delhi High Court's Pre-Release Injunction Boosts Film Piracy Fight

The Delhi High Court has granted a pre-release injunction for the Hindi film 'Jolly LLB 3', ordering 24 websites to stop distributing it illegally. This order is seen as a major advancement in combating piracy because it allows copyright owners to block new infringing websites immediately, without needing repeated court appearances. This proactive approach aims to tackle the persistent problem where new pirate sites appear quickly after old ones are shut down.

Video piracy is a substantial issue in India, causing an estimated annual loss of ₹22,400 crore to the film industry. This includes ₹13,700 crore from pirated movie theatre content and ₹8,700 crore from illegally accessed Over-The-Top (OTT) content.

Experts like Gaurav Sahay highlight that this pre-release injunction is a preventive legal remedy, protecting intellectual property before infringement occurs. It directs internet service providers (ISPs), domain registrars, and government bodies to block piracy websites, aiming to restrict unauthorized circulation and preserve the film's commercial value and rights. This differs from post-infringement injunctions.

Anupam Shukla notes that this "dynamic injunction" is an evolution from traditional methods like "John Doe" orders. Legal experts like Essenese Obhan point out that similar mechanisms are established in countries like the UK, the US, and Singapore, often for high-value films and live sports broadcasts. This order sets a precedent for proactive enforcement under India's Copyright Act and IT Act.

While effective, the success depends on implementation and identifying the culprits, as leaks often occur on platforms like Telegram using VPNs and encrypted chats. Orders against service providers (VPNs, messaging platforms) are crucial. Tanu Banerjee and Niharika Karanjawala-Misra acknowledge that piracy networks adapt quickly, making injunctions a deterrent but not a complete solution, and effective combat requires continuous, evolving efforts.

Impact: This development is significant for the Indian film industry by providing stronger tools to protect intellectual property and reduce revenue losses from piracy. It could lead to increased investor confidence in the sector's ability to safeguard its content. Impact Rating: 7/10

Difficult Terms: Pre-release injunction: A court order issued before a product (like a film) is officially released, preventing certain actions (like piracy) from occurring. Piracy: The unauthorized copying, distribution, or use of copyrighted material, such as films, music, or software. Copyright holders: Individuals or companies who own the exclusive rights to a creative work. Real-time: Happening instantly or with very little delay. Mirror sites: Websites that are copies of another website, often used to circumvent blocks or censorship. OTT (Over-The-Top): Refers to content delivered directly to viewers over the internet, bypassing traditional cable or satellite TV providers (e.g., Netflix, Amazon Prime Video). Intellectual property: Creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce. Preventive remedy: A legal action taken to stop something bad from happening in the future. Infringement: The act of violating someone's legal rights, such as copyright. Internet service providers (ISPs): Companies that provide access to the internet. Domain registrars: Companies that manage the registration of internet domain names. Rogue websites: Websites engaged in illegal or harmful activities, such as piracy or fraud. John Doe orders: Court orders that can be used to prevent unknown individuals or entities from infringing copyright, often by targeting intermediaries. Interim relief: Temporary legal orders granted by a court while a case is ongoing. Contempt of court: Disobedience to or open disrespect for the authority of a court of law. Virtual Private Networks (VPNs): Services that encrypt internet traffic and mask a user's IP address, making it harder to track their online activity.