Industry body Internet and Mobile Association of India (IAMAI) said that the First Information Report (FIR) filed by the Bengaluru police against social media platform ShareChat and its board of directors for an alleged copyright violation is prima facie of an act overreach of the current provisions of law.
Earlier in the week, the Yeshwantpur Police in Bengaluru registered an FIR against ShareChat for alleged copyrights violation based on a complaint from Lahari Recording Company.
IAMAI on Friday stated that the usual process in such cases of alleged copyright violation is “notice and takedown” mechanism as stipulated under the IT Act (Amended) 2008.
“As per the provisions, digital intermediaries must first be given proper notice about any violative content and is expected to act only after receiving such notice,” it wrote.
It added that the FIR which is based on a complaint by Lahari Recording Company for alleged copyright violation goes against the safe harbor provisions enjoyed by digital intermediary platforms.
The music company, in its complaint, said it owns the audio rights of many movies, but Mohalla Tech, which owns ShareChat, has facilitated users to download its copyrighted musical content without its consent. This has caused monetary loss to the company, the complainant said.
IAMAI said it reiterates that it must be borne in mind that ShareChat is an intermediary and thereby under provisions of the safe harbor under Section 79 of the IT Act is not liable either in a civil or in a criminal case for alleged copyright violations by contents hosted on their platform by third party users of the platform.
“IAMAI is deeply concerned that a criminal and a civil case has been filed directly against directors of the company for violating copyright that is unprecedented,” it said.
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