The Delhi High Court recently granted a dynamic+ injunction order in favour of Viacom 18 and restrained a bunch of rogue websites from illegally streaming Indian Premier League (IPL) matches [Viacom 18 Media Private Limited v. John Doe & Ors].
A dynamic+ injunction is passed to protect copyrighted works as soon as they are created, to ensure that no irreparable loss is caused to the authors and owners of copyrighted works
Justice Sanjeev Narula passed the order after noting that given the short duration of IPL matches, any delay in blocking access to rogue websites could lead to significant financial losses for Viacom 18.
Swift action to prevent such infringement is crucial to preserving the plaintiff’s investment in the broadcasting rights and maintaining its copyright protections, the Court stressed.
Therefore, the Court ordered blocking of the rogue websites named in Viacom 18’s suit as well any other websites which are discovered to be illegally streaming the matches.
“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. 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,” the Bench ordered.
The Court ordered domain name registrars to lock and suspend the rogue websites and disclose their complete details.
Various internet service providers have also been ordered to block access to these websites.
Viacom 18 owns over-the-top (OTT) platform Jio Cinema and has obtained exclusive digital media rights for the Indian sub-continent and overseas television rights for IPL from 2023 to 2027.
It had approached the High Court arguing that there are a number of rogue websites which illegally stream IPL matches.
In a detailed order passed on March 22, the High Court observed that the dynamic and ever-evolving nature of the digital landscape necessitates that court orders are not static, but evolve in tandem with the technological advancements and challenges posed by the virtual domain.
“The legal remedies must remain robust and effective in curtailing copyright infringement, particularly in the fast-paced environment of the internet. Courts must, therefore, be proactive in updating, adapting, and modifying their directions to address these challenges effectively. In the absence of such adaptive legal measures, the rights of intellectual property holders stand at risk of being undermined, rendering their intellectual property rights ineffectual. 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.”
Advocates Sidharth Chopra, Yatinder Garg, Suhasini Raina, Sanidhya Maheshwari and Priyansh Kohli represented Viacom 18.
None appeared for the defendants.
[Read Order]