Merely viewing a blocked, pirated film is not itself a copyright offence in India — but infringing or abetting infringement is. The Bombay High Court drew that line after a scary ISP warning caused public confusion.
The alarming warning
When users tried to reach blocked sites hosting pirated content, ISPs displayed a warning that viewing, downloading or duplicating infringing content violated the Copyright Act, 1957, with penalties up to three years’ imprisonment and a ₹3,00,000 fine. That swept passive viewing into the same bucket as active infringement.
What the court held
In Eros International Media Ltd. v. Bharat Sanchar Nigam Ltd. (BSNL), the Bombay High Court clarified that “mere viewing of blocked websites and its content (the pirated movie) is not an offence.” Following the public confusion, the court had the warning amended — removing language suggesting viewing alone was an offence, and keeping the prohibition on “infringing or abetting infringement.”
So the criminal line falls on doing or helping the infringement (uploading, distributing, making copies, running the site), not on the passive act of watching.
Legal vs. moral — the author’s caution
The piece argued the clarification, while legally correct, risks encouraging piracy by:
- driving traffic (and revenue) to illegal sites;
- failing to deter participation in the piracy ecosystem; and
- weakening anti-piracy messaging.
The takeaway: legally permissible viewing is not the same as morally acceptable — and it does nothing to help the creators whose work is being pirated.
Practical guidance
- Rights holders: pursue the infringers and enablers — uploaders, distributors, site operators — where the offence actually lies; John Doe / dynamic blocking orders target the supply side.
- Businesses: do not host, distribute or abet access to infringing content — that is where liability sits.
- Messaging matters: accurate warnings (targeting infringement/abetment) are more defensible than over-broad ones that deter lawful conduct.
Frequently asked questions
Is watching a pirated movie illegal in India? The Bombay High Court held that merely viewing a blocked, pirated film is not itself an offence — but infringing or abetting infringement is.
What actually counts as an offence? Infringing acts and abetment — uploading, distributing, copying, or operating/enabling the infringing site — not passive viewing.
Did the court change the ISP warning? Yes. It had the warning amended to remove the suggestion that mere viewing was an offence.
Does “not illegal” mean piracy is fine? No. The clarification is legal, not moral — viewing still funds and sustains piracy that harms creators.
Legislation referred to
- The Copyright Act, 1957