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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Star India Private Limited - Appellant
Versus
Mhdtv.world - Respondent
CS (COMM) 567 of 2022 and I.A. 13067 of 2022
Decided On : 09-11-2022




Domain Name Registrars must comply with court orders and appoint Grievance Officers under IT Rules, 2021, or face potential legal actions for non-compliance.

Headnote:(A) Information Technology Act, 2000 - Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 - Grant of ex-parte ad interim injunction against infringing domain names; balance of convenience and irreparable injury established - Court ordered Domain Name Registrars to disclose registrants' details and take steps to block infringing websites - Emphasized compliance with court orders by DNRs. (Paras 2-12)

(B) Compliance Obligations - Domain Name Registrars must comply with court orders and local laws; requirement for appointment of Grievance Officers established under IT Rules, 2021.

Facts of the case:
Plaintiffs sought an injunction against several domain names linked to illegal broadcasting of cricket events, asserting exclusive rights based on significant investments made for event coverage. An order was earlier granted for blocking these websites, and compliance by Domain Name Registrars was questioned.

Findings of Court:
The Court ruled that the non-compliance by certain DNRs rendered injunctions ineffective and mandated judicial compliance with specific orders, underscoring the need for operational grievance redress mechanisms.

Issues: Whether the Domain Name Registrars complied with court orders and the necessity for grievance officers as per IT Rules, 2021.

Ratio Decidendi: The court reiterated that DNRs are bound by the 2021 Rules to ensure compliance with judicial directives, and the absence of grievance officers may hinder enforcement of injunctions and legal accountability.

Result: Directions issued for immediate compliance and potential legal actions against non-compliant DNRs.

Table of Content
1. injunction granted against infringement (Para 2)
2. dnrs non-compliance with court orders (Para 3 , 5)
3. dnrs obligation under it rules (Para 6 , 8)
4. icann agreements and dnr obligations (Para 7 , 9)
5. governmental action against non-compliant dnrs (Para 10 , 11 , 12)
6. next hearing scheduled (Para 13 , 14)

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. Vide previous order dated 22nd August, 2022, an ex-parte ad interim injunction was granted in this matter restraining infringement of the Plaintiffs' exclusive rights in the Asia Cricket Cup matches and associated content. Disclosure orders were also passed against the Domain Name Registrars (hereinafter "DNRs") to disclose the details of the impugned domain names. MeitY and DoT were also directed to block the impugned domain names. The relevant extract of the said order dated 22nd August, 2022 reads as under:

    "18. Under such circumstances, the Court is convinced that the Plaintiff has made out a prima facie case for grant of an ex-parte ad interim injunction, which is also a dynamic injunction. The balance of convenience lies in favour of the Plaintiffs and irreparable injury would be caused if the interim injunction is not granted. Disclosure orders are also liable to be passed against the Domain Name Registrars, and further, the MEITY and DoT ought to also issue blocking orders to all the ISPs, to block the said rogue websites.

    19. Considering the investment which the Plaintiffs have made in acquiring the rights of these events, any illegal broadcasting would severely affect the monetary interest of the Plaintiffs, and also diminish the value of the rights of such sporting events. Accordingly, till the next date of hearing, the Defendant Nos. 1 to 11 and all others acting for or on their behalf, shall stand restrained from hosting, streaming, broadcasting, rebroadcasting, retransmitting or in any other manner communicating to the public, or disseminating to the public, any cricketing events, extracts, excerpts, highlights in relation to cricket matches relating to the Asia Cup 2022 commencing from 27th August, 2022 to 11th September, 2022.

    20. The Domain Name Registrars shall also immediately block the said domain names and maintain status quo thereof. The said Domain Name Registrars shall also disclose to the Plaintiffs the following:

    a. Complete details (such as Narne, Address, Email Address, Phone Number, IP Address etc.) of the Defendant Nos. 1 to 11 (and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing he Plaintiffs' exclusive rights, copyrights and broadcast reproduction rights).

    b. Mode of Payment along with payment details used for registration of domain name by the Registrant i.e., Defendant Nos. 1 to 11 (and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing he Plaintiffs' exclusive rights, copyrights and broadcast reproduction rights).

    c. Details of other websites registered by the Defendant Nos. 1 to 11 (and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing he Plaintiffs' exclusive rights, copyrights and broadcast reproduction rights) using similar details, same credit card, payment gateway etc. (disclosed as per Clause b above) with the Defendant No. 12 to 18.

    d. Details of Complaints received by the Defendant Nos. 12 to 18 in past against the Defendant Nos. 1 to 11 (and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing he Plaintiffs' exclusive rights, copyrights and broadcast reproduction rights).

    21. The DoT and MEITY, as also the ISPs, shall block the Defendant Nos. 1 to 11 websites. The said blocking orders shall be

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