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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Star India Pvt. Ltd. - Appellant
Versus
Y1.mylivecricket.biz - Respondent
CS (COMM) 151 of 2021 & I.A. 4669 of 2021
Decided On : 15-07-2022
The court affirmed the exclusivity of broadcasting rights and the obligation to prevent unauthorized streaming, reinforcing the protection of intellectual property in sporting events.
Headnote:(A) Copyright Act, 1957 - Sections relevant to broadcasting rights and copyright infringement - Plaintiffs acquired exclusive rights to showcase IPL 2021, after which they filed suit against unauthorized streaming by several rogue websites - Injunction granted against said websites - Statutory authorities also directed to block access to infringing sites. (Paras 1, 3, 5)
(B) Intellectual Property Rights - Exclusive broadcasting rights - Court emphasizes importance of protecting granted broadcasting rights and acknowledges compliance by Internet Service Providers (ISPs) in blocking unauthorized streams as per court directions. (Paras 2, 4, 6)
Facts of the case:
Plaintiffs, prominent broadcasters, sought relief against unauthorized streaming of IPL 2021 matches on rogue websites; defendants failed to appear in court, leading to closure of their rights to file defenses. Court noted adherence of ISPs to the issued order.
Findings of Court:
The suit was decreed in terms of the plaintiffs' request for injunction against unauthorized streaming, with ISPs complying with blocking orders during the IPL event.
Issues: The court addressed issues related to safeguarding broadcasting rights and the action against unauthorized broadcasting.
Ratio Decidendi: The court affirmed the principle of protecting exclusive broadcasting rights from infringement while recognizing the obligations of regulatory bodies and ISPs in enforcing injunctions.
Result: Suit decreed in favor of the plaintiffs.
| Table of Content |
|---|
| 1. plaintiffs' rights to ipl 2021 events. (Para 1 , 2) |
| 2. injunction against unauthorized streaming. (Para 3 , 4) |
| 3. no defense from rogue websites. (Para 5 , 6) |
| 4. suit decreed in favor of plaintiffs. (Para 7 , 8) |
| 5. final disposal of applications. (Para 9) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. Plaintiff No.1- Star India Pvt. Ltd. and Plaintiff No.2- Novi Digital Entertainment Pvt. Ltd. have filed the present suit seeking reliefs in respect of Vivo Indian Premier League 2021 (hereinafter `IPL 2021') cricketing events. Plaintiff No.1 is a leading broadcaster in India and is the exclusive licensee of media rights to various sporting events. Plaintiff No.2 owns and operates the online video streaming platform and website www.hotstar.com and the mobile application "Disney + Hotstar" on which it streams various sporting events amongst other programs.
2. The Plaintiffs have acquired the exclusive Television, Internet, and Mobile Rights for IPL for 5 years starting from 1st January 2018 for a substantial consideration vide an agreement dated 7th September, 2017. Vide the said agreement the Plaintiffs have acquired the right of exhibiting live streaming, highlight clips and repeat exhibitions of the event. A letter issued by Chief Operating Officer, IPL dated 7th April, 2018 confirmed the rights of the Plaintiffs. IPL 2021 was scheduled to be held from 9th April, 2021 to 30th May, 2021. In view of the pandemic, the dates were changed from 9th April, 2021 to 4th May, 2021 and was resumed again on 19th September, 2021 to 15th October, 2021. Ld. counsel for the Plaintiff submits that the IPL 2021 is now over.
3. The present suit was filed to prevent unauthorized telecasting/broadcasting and streaming of IPL 2021 matches by various rogue websites which are arrayed as Defendant Nos. 1 to 13 in the present suit. Defendants No. 15 to 23 are ISPs/domain Registrars and Department of Telecommunications (hereinafter `DoT') and Ministry of Electronics and Information Technology (hereinafter `MeitY') are also impleaded as Defendant No.24 and 25 respectively. Vide order dated 26th March, 2021, the following ad interim directions were issued in the matter.
"(i) Defendant Nos. 1 to 13 are restrained from, in any manner, posting, streamlining, reproducing, distributing, making available to the public and/or communicating to the public, the "Vivo IPL 2021" season of the Indian Premier League, conducted by the BCCI, scheduled to take place between 9th April, 2021 and 30th May, 2021 or facilitating the same, on the aforesaid sixteen websites via the internet, in any manner, whatsoever.
(ii) Defendant No. 14 is directed to suspend the domain name of Defendant No. 13.
(iii) Defendant Nos. 24 and 25 (Department of Telecommunications and Ministry of Electronics and Information Technology respectively), shall issue necessary directions/ notifications, calling on various internet providers including Defendant Nos. 15 to 23 to block access to the aforesaid sixteen websites of Defendant No. 1 to 13, as also to any mirror/re- direct/alphanumeric websites of the said defendants.
(iv) If there are any other websites which are found to be illegally streaming Vivo IPL 2021 matches, the plaintiffs are permitted to approach Defendant Nos. 24 and 25 to seek blocking orders, which, if passed, shall be implemented by Defendant Nos. 15 to 23."
4. The order dated 24th September, 2021, passed by the Joint Registrar records that all the rouge websites i.e., Defendant Nos.1 to 13 were served and they were also blocked. The ISPs and other Defendants who are the regulatory bodies and hence proforma Defendants have already carried out the directions issued by the Court.
5. There is no defence put up by any of the rouge websites, who have chosen not to appear before the Court. The right of Defendant No.1 to 13 to file written statement was closed vide order dated 1st June, 2022 passed by the Joint Registrar. The cricketing tournament which is the subject m
