Ticket To Nowhere: A Brief View On The Rising Issue Of Ticket Scalping In India
Shaanal Shah & Dayita Panicker
22 Oct 2024 11:04 AM IST
In recent years, the live music scene in India has witnessed an unprecedented surge in popularity, attracting international artists and generating mania among fans. However, this has also given rise to a troubling phenomenon i.e., ticket scalping, which is particularly highlighted by the recent frenzy surrounding high-profile concerts such as those of Coldplay and Diljit Dosanjh. As fans eagerly anticipated watching their live performance, the aftermath revealed a troubling trend of ticket scalpers capitalizing on the high demand by reselling tickets at exorbitant prices. This practice not only frustrates genuine fans but also raises questions about the ethics of ticket sales, market regulation, and its impact on the live music scene.
Prior to the stroke of noon on 22nd September, 2024, fans from several parts of the country were all queued up on the “BookMyShow” website (“Platform”) to purchase Coldplay's 'Music of the Sphere's World Tour' tickets. What started as a fruition of a dream for hardcore fans, quickly turned into a nightmare when it appeared that they were stuck in a labyrinth with lakhs of others waiting desperately for their turn to purchase the tickets only to find out that the tickets were sold within minutes of going live. To add salt to the wound, fans quickly discovered that the tickets were being resold by various third-parties for three to four times the original amount. Prices that originally ranged from INR 4,000 to INR 35,000 were being listed for an upwards of INR 50,000 to INR 1,00,000, making it nearly impossible for genuine fans to secure a spot at the concert.
The situation was exacerbated, when reports of automated bots being used by scalpers to snatch up tickets as soon as they went live, were released. This practice not only allows scalpers to buy tickets in bulk but also contributes to the artificial scarcity that drives ticket prices up. Frustrated fans, who were queued up online for hours, took to social media to express their outrage, demanding accountability from the event organizers and the Platform, only to receive a mere apology stating they had no affiliation to any scalpers and do not encourage buying tickets from any such unauthorized third-party.
A similar visual was seen during the ticketing saga that unfolded with the popular Punjabi artist, Diljit Dosanjh's “Dil-luminati” tour tickets which was also marred by scalping issues. The tickets were sold out within minutes of the pre-sale going live and were then listed at inflated prices on secondary marketplaces, leaving true fans scrambling for alternatives. The outcry from fans was palpable, emphasizing a growing discontent with the current ticketing system. Many expressed that the joy of watching their favourite artists perform was overshadowed by the feeling of being exploited by scalpers. This sentiment has prompted discussions about the need for stricter regulations and fair practices in the ticketing industry.
Although presently, in India, there is no specific law that comprehensively addresses ticket scalping, several other legal avenues can be invoked to tackle this issue. These include the (i) Consumer Protection Act, 2019, for redressal against unfair trade practices, (ii) Bhartiya Nyaya Sanhita, 2023, for offences including petty organized crime, (iii) Competition Act, 2002, for abuse of dominant position.
Apart from the legal avenues, many ticketing platforms have adopted their terms of service, prohibiting the resale of tickets at inflated prices. Fans can report scalpers on these platforms, leading to potential account suspension or ticket cancellations.
Following the public outcry on the sale of Coldplay tickets, legal action has been initiated against the Platform as well as event organisers 'Live Nation Entertainment' and its promoters based on the complaint by Adv. Amit Vyas. In the complaint, it has been alleged that the Platform has engaged in black marketing of the tickets for Coldplay's show in Mumbai, by logging out individuals ready to block their seats at 12 pm sharp. According to the complaint, the intent was to provide sufficient time to the scalpers and ticket bots to create artificial queues and secure tickets in multitudes for re-sale at exorbitant prices. In furtherance of the complaint, the Economic Offences Wing of the Mumbai Police summoned Ashish Hemrajani, CEO of the Platform's parent company Big Tree Entertainment, along with the company's technical head, to appear for questioning on September 28, 2024. Also, on 9th October, the Delhi High Court issued notice on a public interest litigation seeking formation of guidelines to prevent the menace of black marketing of tickets.
While investigations are ongoing, fans have stormed Coldplay's official social media handles and asked for their support by cancelling the shows or assisting them in seeking accountability from the Platform and organisers alike. With no response from the band so far, it is unclear if the much-awaited concert will even see the light of day, but until then, what is clear, is that there is a vacuum in law and practice for stringent regulation of ticketing sales in India. This vacuum, if not filled, is likely to eventually lead to a collapse of the live entertainment scene in India.
Authors: Shaanal Shah (Principal Associate) & Dayita Panicker (Associate) At Naik Naik & Co. Views are personal.
