Delhi High Court Passes Dynamic+ Injunction, Restrains Rogue Websites From Illegally Streaming IPL Events

The Delhi High Court has passed a dynamic+ injunction order and restrained various rogue websites from illegally streaming Indian Premier League (IPL) events without authorisation of Viacom 18.

Justice Sanjeev Narula said that the legal remedies must remain robust and effective in curtailing copyright infringement, particularly in the fast-paced environment of the internet.

“The Courts must, therefore, be proactive in updating, adapting, and modifying their directions to address these challenges effectively,” the court said.

Justice Narula passed an interim injunction order in a suit filed by Viacom 18 Media Private Limited which entered into an agreement with the BCCI for exclusive digital media rights (for Indian sub-continent) and Television rights (for overseas) in relation to the IPL Events for five years from 2023 to 2027.

The TATA IPL 2024 is scheduled to run from March 22 till end of May. The matches include a total of 74 T20 matches.

In an order passed on March 22, the court restrained six rogue websites from communicating, hosting, streaming or making available for viewing or downloading any part of the IPL Events on any electronic or digital platform in any manner whatsoever.

The court further directed the Domain Name Registrars to lock and suspend the websites. The Telecom Service Providers have also been directed to block the websites.

“During the currency of the IPL Events, if any further websites are discovered which are illegally streaming and communicating content over which the Plaintiff has rights, the Plaintiff is given liberty to communicate the details of such websites to the DoT and MeitY for issuance of blocking orders, and simultaneously to the ISPs for blocking the said websites, so as to ensure that these websites can be blocked on a real time basis there is no considerable delay,” the court said.

It added: “Upon receiving the said intimation from the Plaintiffs, the ISPs shall take steps to immediately block the rogue websites in question. Likewise, the DoT and MeitY shall also issue blocking orders immediately upon the Plaintiffs communicating the details of the websites which are illegally streaming the IPL Events.”

Justice Narula recognised the widespread appeal and significance of the IPL Events, particularly in the Indian subcontinent. 

The court said that the events are broadcasted through Viacom's OTT platform 'JioCinema', which is accessible across a variety of digital devices including computers, smartphones, tablets, and other electronic gadgets.

“Unauthorized dissemination, telecasting, or broadcasting of these events on various websites and digital platforms poses a significant threat to the Plaintiff's revenue streams. Such illicit activities undermine the value of the considerable investment made by the Plaintiff in acquiring these rights,” the court said.

It added that the issue of rogue websites engaging in the piracy of copyrighted content presents a recurring threat, especially with the imminent IPL Events.

The court observed that such rogue websites have demonstrated a propensity to illegally broadcast copyrighted works, underscoring the urgency to pre-emptively block their access to such content.

“It is thus essential for the legal framework to remain vigilant and responsive to the challenges presented by digital piracy, ensuring that the protections afforded to copyright and intellectual property are not only theoretical but also enforceable and practical in safeguarding the rights and interests of the rightful owners,” the court said.

Counsel for Plaintiff: Mr. Sidharth Chopra, Mr. Yatinder Garg, Ms. Suhasini Raina, Mr. Sanidhya Maheshwari and Mr. Priyansh Kohli, Advocates

Title: VIACOM 18 MEDIA PRIVATE LIMITED v. JOHN DOE & ORS.

Citation: 2024 LiveLaw (Del) 363

Click Here To Read Order