Regulators

MIB directs TV channels, MSOs, FM channels to follow directives of Delhi HC on Balaji comedy

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New Delhi: Doordarshan and all private channels were today asked by the Information and Broadcasting ministry to comply with the directive of the Delhi High Court not to telecast or publicise in any manner the film Kya Kool Hain Hum 3.

 Justin Vipin Sanghi had passed the order earlier this year on a petition by Balaji Motion Pictures against WWW.1337.YOOTORRENT.COM and others barring them “from  communicating, making available, distributing ,duplicating, displaying, releasing, showing, uploading, downloading, exhibiting, playing, defraying the movie Kya KoolHai Hum 3 in any manner whatsoever without obtaining prior license from the plaintiff or in any other manner that would infringe the plaintiffs copyright in the said cinematograph film through any medium whatsoever.”

 Thirty-six other defendants were directed to ensure compliance of the order by the other defendants.

The ministry directive dated 14 March was addressed to News Broadcasters Association (NBA), Indian Broadcasting Foundation Association of Regional Television Broadcasters of India, all TV Channels, all MSOs, and all FM Stations.

In the petition, Balaji had said that release of any material or the film itself would lead to colossal losses to the company.

 Balaji impleading 300 defendants of which 1 to 203 are websites allegedly engaged in the business of uploading content. The plaintiff apprehends that the said websites may even upload unlicensed copy of the plaintiffs film Kya Kool Hai Hum3, of which the plaintiff claims to be the producer and copyright holder. defendants no.204 to 238 are Internet Service Providers (ISP), who are engaged in the business of providing basic telephony, mobile services and broadband network all over the world and are covered by the Information Technology Act, 2000 as well as Copyright Act, 1957 and the Telecom Regulatory Authority of India Act, 1997 (TRAI Act).

 The Ministry of Communication & Information Technology has been impleaded as defendant no.239. The plaintiff stated that defendants no.204 to 239 have been impleaded so that the orders that may be passed by the court may be implemented by them by blocking the infringing URLs of websites such as defendants no.1 to 203. Defendants no.240 to260 and 260-274 are Multi System Operators (MSOs) and cable operators governed by the Cable Network RegulationAct 1995 and the TRAI Act. The plaintiff stated that various MSOs and cable operators, including in Delhi could be engaged in unauthorised unlicensed production and broadcast, on their local channels and through other means, of various pirated contents, including cinematograph films through their cable network. The apprehension of the plaintiff was that the said defendants may indulge in broadcast of the aforesaid copyright of the plaintiff, which at the time of the court order of 19 January was yet to be released (on 22 January) and Balaji apprehends will infringe the copyright m  the  aforesaid cinematograph film.

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