The Single Bench of the Delhi High Court in the case of Star India Private Limited & Anr. vs MHDTV.WORLD & Ors. consisting of Justice Prathiba M. Singh, while granting interim relief to Star India, restrained rogue websites from hosting, streaming and broadcasting any cricketing events relating to the Asia Cup 2022 commencing from 27th August, 2022 to 11th September, 2022
Facts
The Plaintiffs, Star India Pvt. Ltd (“Plaintiff No. 1”), and Novi Digital Entertainment Pvt. Ltd. (“Plaintiff No. 2”), filed this suit seeking an injunction to restrain the illegal and unauthorized dissemination of the Asia Cup Cricket matches and associated content therewith, by the Defendants.
Contentions Made
Petitioner: It was contended that owing to the past conduct of these rogue websites, the said websites are likely to illegally stream and telecast the Asia Cup Cricketing events scheduled from 27th August 2022 onward. It was also contended that new websites are continuously surfacing and, therefore, a dynamic injunction ought to be granted by the Court.
Observations of the Court
The Bench observed that a letter dated 18th August 2022 issued by the Asian Cricket Council, shows that the Plaintiff No. 1 was given exclusive global media rights vide agreement dated 29th June, 2017, which include television rights, audio rights, internet rights and mobile rights. The period for each rights are enjoyed by the Plaintiff qua all Asia Cup Tournaments between the years 2018 and 2023. Thus, it was opined that the ownership of the rights for exclusive telecast and broadcast as also online streaming in favour of the Plaintiff was not in doubt.
It also observed that:
“The documents also show that the websites are not merely indulging in streaming Star Sports channels, but various other established channels as well. Moreover, the broadcasting is not limited to cricket matches, but also other sporting events, such as the ‘Tour De France’, and the ‘NRL Rugby League’. Therefore, the Court is convinced that the said websites belonging to Defendant Nos. 1 - 11, are rogue websites, primarily consisting of pirated content. The identity of these websites is also unknown as they are privacy protected with the Domain Name Registrars.”
Relying on certain judgments relating to the legal position as to grant of dynamic injunctions, the Court opined that the Plaintiff made out a prima facie case for grant of an ex-parte ad interim injunction, which is also a dynamic injunction. It also opined that irreparable injury would be caused if the interim injunction is not granted:
“Disclosure orders are also liable to be passed against the Domain Name Registrars, and further, the MEITY and DoT ought to also issue blocking orders to all the ISPs, to block the said rogue websites.”
Judgment
The Bench ordered that, till the next date of hearing, the Defendant Nos. 1 to 11 and all others acting for or on their behalf, shall stand restrained from hosting, streaming, broadcasting, rebroadcasting, retransmitting or in any other manner communicating to the public, or disseminating to the public, any cricketing events, extracts, excerpts, highlights in relation to cricket matches relating to the Asia Cup 2022 commencing from 27th August, 2022 to 11th September, 2022. The Domain Name Registrars were also directed to immediately block the said domain names and maintain status quo thereof, and to disclose to the Plaintiffs details as mentioned in the Order.
It also ordered DoT and MEITY, as also the ISPs, to block the Defendant Nos. 1 to 11 websites within 24 hours after service of this order. Pursuant to the said blocking order/s, all the ISP’s, i.e., Defendant nos. 19 – 27, were to block access to the URLs, as also the mobile applications within 24 hours and not permit the download of these applications or the streaming of the rogue websites.
It further ordered that if the Plaintiffs discover other mirror websites or rogue websites which are broadcasting and telecasting the sporting events which are covered by the present suit, they may file an affidavit in this regard before the Court and “Upon DoT receiving the notices and communications from the Plaintiffs that the affidavits have been filed before the Court, the orders for blocking such further rogue websites shall be passed, immediately and in any case, within 24 hours…”
It was listed to be heard on 9th November 2022 before this Court.
Case: Star India Private Limited & Anr. vs MHDTV.WORLD & Ors.
Citation: CS(COMM) 567/2022 & I.As. 13067-69/2022
Bench: Justice Prathiba M. Singh
Decided on: 22nd August 2022
Read Judgment @LAtestlaws.com
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