Media and Entertainment Laws
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Introduction
The Media and Entertainment Industry (“M&E”) in India has expanded and become more significant in the past few years. It is projected to bring in about USD 35 million in income. Innovative technology innovations and rising internet usage among suppliers and customers have benefited the M&E industry.
LEGISLATION FOR MEDIA & ENTERTAINMENT LAWS
Given its broad scope, M&E is extremely vulnerable to misuse. Legislation with widely divergent goals has been enacted in order to effectively regulate. Rules governing material on exhibition media, such as television, the internet, and movie theatres, can be found in laws like the Cinematograph Act of 1952, the Cable Television Network Regulation Act of 1995, and the Information Technology Act of 2000.
Trademarks and copyrights are examples of intellectual property that is protected by laws like the Trademarks Act of 1999 and the Copyright Act of 1957. The Indian Penal Code, 1860 governs the penalties for crimes committed in this sector, such as defamation and offending religious sensitivities.
RIGHT TO FREE SPEECH AND CENSORSHIP
The right to free speech and censorship is the primary area of concern in the M&E sector. Article 19 of the Indian Constitution recognises the freedom of expression and communication through media including printed articles and electronic media as a basic right. Freedom of speech is guaranteed by Article 19 as a fundamental component of every person’s right to personal growth.
The court concluded in Brij Bhushan & others v. State of Delhi that censorship will clearly limit people’s ability to express themselves freely.
Films are being censored by a number of government agencies, including the CBFC and the I&B Ministry, in an effort to limit the freedom of speech and expression. Some films that have been restricted are Lipstick under My Burkha and Udta Punjab, among others. Since democracy is the most significant aspect of the modern world and free speech is necessary for a functional democracy.
COPYRIGHT INFRINGEMENT, TRADEMARK PROTECTION
In the M&E sector, copyright infringement and trademark protection are the second areas of concern. The 1957 Copyright Act protects and registers artistic, literary, dramatic, musical, and sound recording works. Preventing the misuse of copyright monopolies and establishing a fair balance between individual rights and the public interest are the primary goals of the legislation. Names, titles, words, letters, visual artwork, product shapes, word combinations, and colour combinations must all be protected under the Trademarks Act of 1999. The measures for remedies in cases of trademark infringement are incorporated into this statute.
OVER THE TOP (“OTT”) LAWS
The government often imposes regulations on the type of content that can be distributed through media platforms, including OTT services. These regulations may include restrictions on obscenity, hate speech, violence, and nudity. OTT platforms may need to comply with content rating systems and labelling requirements to ensure appropriate content is delivered to viewers.
PIRACY
Piracy is the third area of concern. Online piracy is defined as taking a licenced owner’s intellectual property from the internet, causing harm and loss. According to the M&E Industry, piracy costs the film industry $2.8 billion annually in lost income. The movie theatre industry is struggling due to the growth of digital downloads and the accessibility of low-cost rental options. The main causes of film piracy are international film releases one day ahead of the original release date and film screenings in theatres. Even prior to their physical distribution, several films are made available online.
Filmmakers and producers must obtain John Doe’s orders from the court in order to stop film piracy. The court concluded in Shreya Singhal v. Union of India that an order from the adjudicatory authority ordering intermediaries to remove the online content is the only reason why it should be removed. The Supreme Court ruling safeguards the middlemen from accountability in the event that the parties involved disobey the order to remove illegal content.
REMEDIES
Sections 54 to 62 of the Copyrights Act, 1957 address the civil remedies available in civil courts for copyright protection. The provisions for a criminal remedy when someone wilfully violates another person’s rights granted by the act, the copyright of a work, or helps to commit an infringement are covered under sections 63 to 70.
PENALTIES
If found guilty, a person faces a minimum sentence of six months in prison, a maximum sentence of three years, a fine of at least fifty thousand rupees, and the possibility of up to two lakhs. Additionally, their possessions may be searched, seized, and returned to their rightful owner. The number of criminal prosecutions filed for defamation, selling pornographic items, and other offences against religious sentiments has increased. The majority of complaints are made primarily for media attention and notoriety. One significant obstacle facing the industry is the annoyance these instances create.
CONCLUSION
The M&E sector is one that is constantly developing and subject to a number of restrictions. The main issues of piracy, trademark infringement, and the right to free speech and censorship are what motivate efforts to safeguard these rights and create just competition. The industry’s growth is facilitated by laws in these domains.
HOW CAN WE HELP?
Our practice group works directly with customers in the dynamic fields of advertising, media, and entertainment, where new structures and technology are crucial factors. We strive to provide creative and cutting-edge solutions while maintaining compliance with legal and regulatory standards. We offer complete assistance for every stage of a creative product’s lifecycle, including conception, development, manufacturing, and distribution. We also help clients with the last phases of an acquisition, negotiations, and due diligence, providing creative solutions within the legal framework to suit their unique requirements.
At Chandrawat & Partners, we provide end-to-end legal services ranging from responding to government inquiries, managing litigation, dispute resolution, and arbitration matters, as well as helping with acquisition, syndication, and licencing agreements. Our multidisciplinary expertise in Media and Entertainment Law enables us to handle these tasks.
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