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Publishing confidential export-import data may now lead you to jail

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Publishing confidential export-import data may now lead you to jail

The government has proposed making it an offence punishable by up to six months in prison if individuals publish details about the volume and value of individual imported and exported items.

The FY23 Budget proposes the introduction of Section 135AA into the Customs Act through the “Protection of Data” Finance Act.

“If a person publishes under this Act any information concerning the value or classification or quantity of goods exported from or imported into India, or details of the exporter or importer of such goods, unless it is required by any provision to do so Under the current law, he will be jailed for up to six months, or fined up to Rs 50,000, or both.”

It further clarifies that nothing in this section applies to any publications published by or on behalf of the central government. “For the purposes of this section, the term ‘publish’ includes the reproduction of information in print or electronic form and making it available to the public,” it added.

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The Explanatory Memorandum for the 2022 Finance Act says Section 135AA will be inserted into the Customs Act to “protect import and export data that importers or exporters submit to Customs in their declarations by publishing such information, unless the law provides otherwise. There are provisions. , as a crime under the Customs Act.”

“Customs import and export data on valuations is classified data. But some people have access to the data and they are publishing it. The amendment now makes it a crime and should be punished,” an administration official said on condition of anonymity Say.

Similar provisions are found in the Collecting Statistics Act, under which it is illegal for the government to collect price and output data and for government employees to disclose any information shared by producers. “The information contained in any information sheet and the answers to any questions asked shall not be released or disclosed separately, and the identity of the informant shall not be withheld from any agency except in prosecution under this Act,” the bill said.

The Act provides that any such act is punishable by a simple jail term of up to six months or a fine of up to Rs 2,000 or, in the case of companies, a fine of up to Rs 10,000, or both.

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Startups that use excerpts from their own pitch are sent legal notifications by Shark Tank India; the creator responds, “Kaise banega naya India?”

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Startups that use excerpts from their own pitch are sent legal notifications by Shark Tank India; the creator responds, “Kaise banega naya India?”

After getting a legal letter from Sony Pictures for copyright infringement, the subscription-based tea business Dorje Teas found itself in deep water for utilising footage from their own pitch on YouTube and Meta advertisements.

The founders of the subscription-based tea company Dorje Teas, Ishaan Kanoria and Sparsh Agarwal.

While many entrepreneurs, especially those with startups, have found transformation through the business reality TV series Shark Tank India, the narrative is slightly different for Dorje Teas, a subscription-based tea firm that ships organic and fresh-from-the-farm Darjeeling Tea to consumers throughout India. Sony Pictures Networks India slapped the firm with a legal notice, which has placed it in hot water.

Co-founder Sparsh Agarwal of the company, who brought Dorje Teas to Shark Tank India last year and raised funds of Rs 30 lakh for 15% equity from Anupam Mittal, Peyush Bansal, and Vineeta Singh, valued the business at Rs 2 crore, recently revealed on LinkedIn that they received a legal notice from Shark Tank India for utilising snippets of their own pitch.

Agarwal claims that they received a notification about copyright infringement for utilising these clips in YouTube and Meta advertisements. It appears that Sony Pictures has sent notice to other companies besides Dorje Teas. He said, “They’ve clamped down on every single startup that showed up on Shark Tank, so we’re not the only ones.”

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“I don’t understand why they would do this, even though I am aware of the copyright rules that justify it. After all, Dorje Teas and several other businesses, like Skippi, Assembly, Perfora, Hoovu Fresh, Beyond Snack, Wakao Foods, Nasher Miles, and many more, invest thousands of dollars each month to enhance Shark Tank content, which helps the Shark Tank India brand get free exposure and increase brand memory,” he continued.

Agarwal went on to call it a poor business choice that some executive or lawyer at Sony had made, adding that it “goes against the entire ethos of promoting small startups.”

Additionally, the focus of Shark Tank Season 3 has been on creating a new India and assisting the startup environment in India. “How will we construct a ‘new India’ in this manner?’” he questioned in a self-recorded video.

On social media, Agarwal was met with praise, while some contended that Sony’s actions were legitimate in theory. “Dear Sparsh, you must realise that ‘You are the content’ in this situation. You play a big part in content production. You posted the material that features you on your social media accounts (Facebook, Instagram, YouTube, and so on), but not on Sony’s. You might say that the traffic they were supposed to get was somehow redirected to them. A content strategist made the observation, “You are monetizing your social channels with the content they produce.”

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“The first person to provide a sneak peek in the content industry attracts greater attention. Furthermore, it’s possible that you agreed to sign a waiver giving them perpetual rights to the footage they shot. They said, “Verify your contract or try to recall signing any electronic documents on the filming locations that make this clear.

“You are investing lakhs of dollars to promote Shark Tank, while Shark Tank is investing billions of dollars to plan and publicise the programme that features your brand.” Simply alter your viewpoint, as another poster pointed out.

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