STAR INDIA PRIVATE LTD AND ANR vs. T1.MYLIVECRICKET.CLUB AND ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI th Reserved on: 24 November, 2023 th Date of Decision: 13 December, 2023 + CS(COMM) 699/2022 & I.A. 16478/2022 STAR INDIA PRIVATE LTD AND ANR ..... Petitioners Through: Ms. Snehima Jauhari and Ms. Rimjhim Tiwari, Advs versus T1.MYLIVECRICKET.CLUB AND ORS .....Respondents Through: Mr. Sandeep Mahapatra, CGSC with Mr. Gurjas Singh Narula, Advs. D22 (M. 9811472444) CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J. 1. This hearing has been done through hybrid mode. 2. The present suit has been filed by the Plaintiffs seeking, inter alia , permanent injunction restraining various known and unknown rogue websites from unlawfully and illegally broadcasting/telecasting the event namely ICC Men’s T20 World Cup, 2022, over which the Plaintiffs claim exclusive rights. The present suit was initially filed by the Plaintiffs, against the following Defendants: a) The Defendant Nos. 1 to 8, claimed to be ‘rogue websites’. b) The Defendant Nos. 9 to 12, the Domain Name Registrars (DNRs) of the domain names used by the ‘rogue websites’; c) The Defendant Nos. 13 to 21, the Internet Service Providers (ISPs); Signature Not Verified CS(COMM) 699/2022 Page 1 of 20 Digitally Signed By:RAHUL Signing Date:13.12.2023 17:43:06 d) The Defendant Nos. 22 and 23, Department of Telecommunications (hereinafter, ‘DoT’) and the Ministry of Electronics and Information Technology (hereinafter, ‘MEITY’) ; e) The Defendant No. 24, impleaded as ‘John Doe’ in the name of ‘Ashok Kumar’. The list of Defendants is annexed to this order as Annexure 1 . 3. It is the case of the Plaintiff No.1 - Star India Private Ltd that it is a leading broadcaster in India. It is asserted that it owns 65 TV Channels in eight languages, including general entertainment and sporting channels. It also has rights in respect of broadcast of various sporting events, including domestic and international cricket matches, that are organized inter alia by the Board of Control for Cricket in India (BCCI) and the International Cricket Council (ICC). 4. The Plaintiff No.2 – Novi Digital Entertainment Pvt. Ltd. owns and operates the online audio-visual streaming platform and website, www.hotstar.com and the mobile application, ‘Disney+ Hotstar’, where all the events for which the rights are enjoyed by the Plaintiff No. 1 are streamed by the Plaintiff No. 2. 5. The Plaintiffs had acquired the exclusive Global Media Rights including Television Rights, Digital Rights (internet and mobile) as also certain ancillary rights in respect of the ICC events from the ICC for a period of eight years from 2015 to 2023, for a substantial consideration, in terms of the Media Rights Agreement dated 20th November, 2014. It is asserted that the Plaintiffs also own the exclusive license of the media rights Signature Not Verified CS(COMM) 699/2022 Page 2 of 20 Digitally Signed By:RAHUL Signing Date:13.12.2023 17:43:06 of the ICC Men’s T20 World Cup 2022 cricket tournament which was to th th commence from 16 October, 2022 and conclude on 13 November, 2022. 6. The case of the Plaintiffs was that the Defendant Nos. 1-8/rogue websites were previously involved in illegal telecasting of cricket events over which the Plaintiffs had exclusive rights, such as the VIVO IPL 2021. Hence, it was the Plaintiffs’ apprehension that the Defendants would continue the infringement of the exclusive rights of the Plaintiffs in the ICC Men’s T20 World Cup 2022. Accordingly, it was prayed by the Plaintiffs that all the ISPs ought to be directed by DoT and MEITY to block the said rogue websites. th 7. The present suit was listed for the first time on 11 October, 2022. On the said date, an ex-parte ad-interim injunction was granted. The operative portion of the said order is set out below: “19. Having considered the contents of the plaint and documents filed therewith, and having heard the learned counsel for the Plaintiffs, the Court is of the opinion that the Plaintiffs have been able to make 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 against the Defendants. Irreparable injury would be caused to the Plaintiffs 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’. 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. 20. Accordingly, till further orders, the Defendant Signature Not Verified CS(COMM) 699/2022 Page 3 of 20 Digitally Signed By:RAHUL Signing Date:13.12.2023 17:43:06 Nos. 1 to 8 and all others acting for or on their behalf, shall be 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 ICC Men’s T20 World Cup 2022 commencing from 16.10.2022 to 13.11.2022. 21. 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 Name, Address, Email Address, Phone Number, IP Address etc.) of the Defendant Nos. 1 to 8 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., the Defendant Nos. 1 to 8 and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing the Plaintiffs’ exclusive rights, copyrights and broadcast reproduction rights. c) Details of other websites registered by the Defendant Nos. 1 to 8 and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing the 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 Nos. Signature Not Verified CS(COMM) 699/2022 Page 4 of 20 Digitally Signed By:RAHUL Signing Date:13.12.2023 17:43:06 9 to 12. d) Details of Complaints received by the Defendant Nos. 9 to 12 in the past against the Defendant Nos. 1 to 8 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. 22. The DoT and MEITY, as also the ISPs, shall block the Defendant Nos. 1 to 8 websites. The said blocking orders shall be issued by the DoT within 24 hours after service of this order. Pursuant to the said blocking order(s), all the ISPs, that is, the Defendant Nos. 13 – 21, shall block access to the URLs, as also the mobile applications within 24 hours and shall not permit the download of these applications or the streaming of the rogue websites. 23. If the Plaintiffs discover other mirror websites or rogue websites which are broadcasting and/or telecasting the ICC Men’s T20 World Cup unauthorisedly, they may: a) File an affidavit in this regard before the Court along with evidence thereof. The said websites shall stand blocked with immediate effect, upon notice being issued by the Plaintiffs to the DoT and ISPs that such an affidavit has already been filed before this Court. b) Upon the DoT receiving the notices and communications from the Plaintiffs that the affidavits have been filed before the Court, the orders for blocking such further rogue websites shall be passed, immediately and in any case, within 24 hours, so that the websites do not continue to stream infringing content in any manner whatsoever.” Signature Not Verified CS(COMM) 699/2022 Page 5 of 20 Digitally Signed By:RAHUL Signing Date:13.12.2023 17:43:06 8. The above order was a Dynamic injunction. Thus, after the grant of the injunction, in view of the additional affidavits filed by the Plaintiffs the said injunction has been extended to other rogue websites as also mirror websites. The list of rogue/ mirror websites qua which the said injunction order has been extended is annexed to this order as Annexure 2. 9. Ld. Counsel for the Plaintiffs submits that Defendant Nos. 22 and 23 i.e. DoT and MEITY have complied with the order dated 11th October, 2022 and have issued necessary directions for blocking access to the said websites and steps have been taken for serving the other Defendants, including the ISPs. th 10. Further, vide order dated 17 May, 2023, the right to file written statement of Defendant No. 1 to 9, 11 to 15, 17 to 23 has been closed. 11. A perusal of the record shows that the rights of the Plaintiffs in the event namely ICC Men’s T20 World Cup, 2022 as also other ICC events are not in dispute. The Defendant Nos. 1-8 as also subsequent websites being rogue/ mirror websites, which are engaged in unlawfully and illegally broadcasting the said event, in violation of the exclusive broadcasting rights of the Plaintiffs, cannot be permitted to continue their infringing telecast without authorization, consent and license of the Plaintiffs. 12. Accordingly, considering the exclusive rights of the Plaintiffs in the said event as also other ICC events, as per the Media Rights Agreement dated 20th November, 2014, as also the severe apprehension of the Plaintiffs, the present suit is decreed qua the Defendant Nos.1 to 8 and the websites mentioned in Annexure 2 of this order, in terms of the reliefs as sought in paragraphs 83(i) and 83(ii) of the plaint. Signature Not Verified CS(COMM) 699/2022 Page 6 of 20 Digitally Signed By:RAHUL Signing Date:13.12.2023 17:43:06 13. Insofar as relief claimed under paragraph 83(iii) is concerned, the DNRs/Defendant Nos. 9 to 12 have locked and suspend the rogue websites from time to time and have also provided the available details to the Plaintiff. Hence, no further orders are sought against the said DNRs. The said websites shall continue to be locked and suspended. 14. Insofar as relief claimed under paragraph 83(iv) is concerned, the ISPs have already blocked access to the various websites identified by the Plaintiffs in this case. 15. Insofar as the relief as sought in paragraph 83(v) is concerned, the Defendant Nos. 22 & 23 have already issued a notification calling upon the various ISPs registered under it to block access to rogue/mirror websites. The said notification shall continue during the term of the Media Rights Agreement dated 20th November, 2014. 16. Insofar as the reliefs of damages and rendition of accounts as sought in paragraphs 83(vi) and (vii) respectively, are concerned, the ld. Counsel for the Plaintiffs do not press for the said reliefs. Accordingly, the same are not granted. 17. No order as to costs. 18. Decree sheet be drawn accordingly. All pending applications are also disposed of. PRATHIBA M. SINGH JUDGE DECEMBER 13, 2023 dj/kt Signature Not Verified CS(COMM) 699/2022 Page 7 of 20 Digitally Signed By:RAHUL Signing Date:13.12.2023 17:43:06

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Signature Not Verified CS(COMM) 699/2022 Page 9 of 20 Digitally Signed By:RAHUL Signing Date:13.12.2023 17:43:06 ANNEXURE - 2 Additional Affidavits filed in Star India Pvt Ltd. vs T1my.livecricket.club CS(COMM) 699 of 2023

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