Delhi High Court Restrains 26 Rogue Websites & Apps From Violating Broadcasting Rights Of Sports Streaming Platform 'FanCode'

The Delhi High Court has issued an interim order restraining 26 rogue websites and apps said to be unauthorizedly telecasting, broadcasting and streaming certain cricketing events whose broadcasting rights have been exclusively acquired by Sporta Technologies Pvt. Ltd. which owns famous sports streaming platform 'FanCode'.

A single judge bench of Justice Pratibha Singh observed,

"In the plaint itself, various screenshots have been put to establish how in various cricket tours including the ongoing Bangladesh and West Indies series, the websites and mobile applications arrayed as Defendant Nos.1 to 26 are indulging in illegal broadcast. Defendant No. 27 is a John Doe party whose name is yet to be identified and as the events progress, there is a possibility of more websites streaming infringing content coming up. Since a large number of sporting events are likely to be held over the currency of the present calendar year, an ex parte ad interim injunction deserves to be granted in order to ensure that the investment made by the Plaintiff in acquiring broadcasting rights to these events is not jeopardized in any manner."

The Plaintiff offers sporting news, live match scores, research-based insights, fantasy sports statistics along with tips from experts along with streaming a large number of events. It claims to have acquired exclusive broadcasting rights by entering into agreements with Cricket West Indies, European Cricket League AG, Malaysian Cricket Association, etc. and sought protection under Section 37 of the Copyright Act, 1957.

It claimed that in March 2022, the plaintiff came across a large number of websites and mobile applications which were illegally re-broadcasting, re-communicating, and telecasting the live streaming of such cricketing events. It further submitted that since telecast and broadcast of cricketing events was a continuous process, more and more websites were likely to come up during the currency of the cricketing events covered by the agreements. Moreover, these websites were able to move the streaming of infringing content in a very short period to a mirror website even if the main website and URL was blocked. Thus, it was prayed that a dynamic injunction be granted restraining any further websites from coming up which are mirror websites of the rogue websites so that they can also be

The Court, after perusing the plaint and documents on record noted that the websites and mobile applications arrayed as Defendants were indulging in illegal broadcast. It noted that as the events progress, there was a possibility of more websites streaming infringing content coming up. Thus, the court opined that–

"Since a large number of sporting events are likely to be held over the currency of the present calendar year, an ex parte ad interim injunction deserves to be granted in order to ensure that the investment made by the Plaintiff in acquiring broadcasting rights to these events is not jeopardized in any manner...If the interim injunction is not granted at this stage, irreparable injury would be caused to the Plaintiff."

Accordingly, all the websites arrayed as Defendants were restrained from telecasting, broadcasting, streaming or in any manner making available to the public any of the events covered by the agreements. Further, the Department of Telecommunications was directed to issue blocking orders against the websites listed as defendants.

It added that during the currency of these events covered by the Plaintiffs' agreements, 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 this Court along with evidence thereof.

The suit is listed for hearing on 12th October, 2022.

CASE TITLE: SPORTA TECHNOLOGIES PVT. LTD. v. CRICHD AND ORS.

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