Delhi High Court Grants 'Dynamic+' Injunction Protecting IPL Broadcast Reproduction Rights (S.37 Copyright Act) Against Online Piracy. - 2024-03-22

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Delhi High Court Issues 'Dynamic+' Injunction to Protect IPL 2024 Broadcast Rights from Online Piracy

New Delhi: In a significant ruling aimed at curbing online piracy of live sporting events, the Delhi High Court has granted a 'Dynamic+' injunction in favour of Viacom 18 Media Private Limited , protecting its exclusive broadcast and digital streaming rights for the Tata IPL 2024. The order, issued by Justice SanjeevNarula on March 22, 2024, restrains identified rogue websites and provides a mechanism to block future, unidentified infringing sites on a real-time basis as they emerge during the tournament.

Viacom 18, holding exclusive digital media rights for the Indian subcontinent and television rights overseas for the IPL Events from 2023 to 2027, approached the court apprehending widespread unauthorised streaming and dissemination of matches by pirate websites. The company highlighted its substantial investment in acquiring these rights and argued that illegal broadcasts cause significant financial losses and infringe upon their broadcast reproduction rights under Section 37 of the Copyright Act, 1957.

The plaintiff listed several rogue websites (Defendants 2-7), Domain Name Registrars (DNRs - Defendants 8-13), Internet Service Providers (ISPs - Defendants 14-20), and government departments (DoT and MeitY - Defendants 21-22) in the suit.

Citing past instances during major sporting events where numerous new rogue websites surfaced after initial injunctions were granted, Viacom 18 sought a 'Dynamic+' injunction. This type of injunction, as previously elaborated by the Court in cases like Universal City Studios LLC v. Dotmovies.baby , allows for the order to extend to mirror/redirect/alphanumeric variations of injuncted websites and potentially new infringing sites and future copyrighted works without requiring the plaintiff to file a fresh application for each new site discovered.

The Court acknowledged the widespread popularity of IPL Events and the threat posed by rogue websites that illegally broadcast copyrighted content. Justice Narula 's order emphasised the need for court orders to be adaptive and dynamic in the face of evolving digital piracy. The judgment noted:

> "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."

The Court found a prima facie case in favour of Viacom 18, stressing that irreparable harm would be caused if an injunction was not granted, particularly given the brief duration of T20 matches where delays in blocking could be fatal to protecting rights. The balance of convenience also lay with the plaintiff.

Consequently, the Delhi High Court issued the following directions:

• Defendants 2-7 (rogue websites) and anyone acting on their behalf are immediately restrained from unauthorised streaming or dissemination of IPL Events.
• Defendants 8-13 (DNRs) are directed to lock and suspend the websites of Defendants 2-7 within 72 hours and disclose complete details of their registrants.
• Defendants 14-20 (ISPs/Telecoms) are directed to immediately block the websites of Defendants 2-7 upon receiving the order.
• Defendants 21 and 22 (DoT and MeitY ) are directed to issue necessary blocking orders for these websites.
• Crucially, the Plaintiff was granted liberty to communicate details of any further websites discovered illegally streaming content during the IPL Events directly to DoT, MeitY , and ISPs for real-time blocking .
• The Plaintiff is required to simultaneously file affidavits with the Court detailing the newly discovered rogue websites that are being blocked.
• A provision was included for any website mistakenly blocked to approach the Court.

The Court permitted the plaintiff to serve the order via email due to the urgency of the matter. The case is listed for further hearing before the Joint Registrar on May 22, 2024, and before the Court for framing of issues thereafter, with the next date of hearing listed as August 22, 2024.

The ruling underscores the judiciary's proactive stance in developing effective remedies like dynamic injunctions to combat persistent online piracy, especially concerning time-sensitive live events where traditional legal processes may be too slow to prevent significant damage.