Delhi High Court restrains rogue websites from streaming India's cricket matches after Viacom18 moves court

The Delhi High Court recently granted a dynamic injunction in favour of Viacom18 (which owns Jio Cinema) and restrained rogue websites from illegally streaming the matches of Indian cricket team whose broadcasting and media rights rest with Viacom 18 [Viacomm 18 Media Private Limited v Live.smartcric.com & Ors]..Justice C Hari Shankar ordered blocking of eight websites that were named by Viacom in its suit and asked the Domain Name Registrars (DNRs) and the Central government to block any other offending websites which the broadcasting giant may communicate to them in the future..The Court passed the order while dealing with a plea filed by Viacom 18 stating that through an agreement dated September 12, 2023 with the Board of Control for Cricket in India (BCCI), it holds exclusive global media rights for streaming/transmitting over the television and digital media, events conducted by the BCCI.It was stated that Viacom holds the broadcasting and media rights for the all the bilateral matches of Indian cricket team which will be held in India till March 2028.The suit named eight rogue websites which were engaged in streaming and broadcasting the recently concluded Asia Cup 2023 as well other cricket matches.The Court was told that such transmission amounted to infringement of the exclusive copyright held by Viacom..After considering the case, Justice Hari Shankar observed that it is a matter of common knowledge that such rogue websites come into being before such events and they start streaming and broadcasting the events over which copyright is held by others.The Court called on the legislature to formulate some policy by which such disputes can be avoided being taken up by the courts.“This Court finds itself inundated with suits seeking protection against such websites, which keep cropping up every now and then. It may be useful for the Legislature to formulate some kind of a policy by which such disputes can avoid being taking up the time of the courts,” the order stated. .Justice Hari Shankar held that the plaintiff had made out a prima facie case for grant of interim relief and therefore, passed injunction orders against the rogue websites.The Court also directed the DNRs to suspend the domains names and disclose their complete details.It further ordered the Internet Service Providers (ISPs) to block access to the websites.“To facilitate implementation of the aforesaid directions, Defendants 24 and 25 (Department of Technology and Ministry of Electronics and Information Technology) are directed to issue a notification, calling on internet and telecom service providers registered under the said defendants, to block access to the aforesaid websites identified by the plaintiff and enumerated in the serial no.1 in the documents annexed to the plaint,” the order said. .Advocates Saikrishna Rajgopal, Sidharth Chopra, Sneha Jain, Yatinder Garg, Akshay Maloo and Priyansh Kohli represented Viacom 18.None appeared for the defendants..[Read Order]