Delhi High Court Orders Blocking Of Websites Illegally Streaming Popular Reality Show ‘Bigg Boss’

The Delhi High Court has granted an ex-parte injunction against illegal streaming of reality show ‘Bigg Boss’. The order came to be passed in an application filed under Order 39 Rules 1&2 CPC by leading broadcaster-Viacom18.

Notably, ‘Big Boss’ is being produced and broadcasted in India since 2008. It is based on a Dutch show ‘Big Brother’, rights of which are owned by M/s Endemol Shine IP BV. M/s Endemol is stated to have given rights of the show’s format to Viacom18, which broadcasts the show on television channels Colors and Colors Kannada as well as its OTT platform ‘JioCinema’.

Viacom18’s case is that in relation to the original broadcast, it owns cinematographic and broadcast reproduction rights.

The case has been filed against 5 streaming and downloading websites working on Video-on-Demand mode, which are not only running previous seasons of ‘Bigg Boss’ unauthorizedly, but also advertising the upcoming 2 seasons of the show. The domain names of these websites are registered in the name of ‘Bigg Boss’.

Noting that Viacom18’s OTT platform is also subscription-based and that the broadcaster possibly made a considerable investment towards obtaining rights for ‘Big Boss’, the Court granted an ex-parte injunction in favor of Viacom18.

It was opined that if illegal websites are permitted to unauthorizedly telecast ‘Bigg Boss’, the subscription base of Viacom18 would likely be jeopardized.

“If such mushrooming of websites, which also use the name Bigg Boss, is permitted, it would boost piracy and unatuhorised dissemination causing heavy losses to the Plaintiff,”, the Court said.

In effect, the Court restrained the Defendants from broadcasting, telecasting, streaming, retransmitting and hosting any ‘Bigg Boss’ episode (past or future). The Defendant-websites and their domain names were also directed to be suspended/blocked.

Significantly, the Court added that the injunction would extend to any website that may come to the notice of Viacom18 as having the name ‘Bigg Boss’ or for illegally telecasting Viacom18’s programmes.

Mr. Sidharth Chopra, Mr. Yatinder Garg, Mr. Akshay Maloo, Ms. Srishti Dhoundiyal & Mr. Priyansh Kohli, Advocates appeared for Viacom18.

Case Title: Viacom18 Media Private Limited v. BiggBos.Live & Ors.

Citation: 2023 LiveLaw (Del) 990

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