Factual Background:
The plaintiffs, Star India Private Limited and Novi Digital Entertainment Pvt. Ltd., are leading media and entertainment companies. Star India operates over 70 channels under the brand "STAR," broadcasting a wide range of content including sports events such as the ICC Men’s T20 World Cup 2024. Novi Digital operates the popular streaming platform "Disney+ Hotstar," which also streams these events online. The plaintiffs hold exclusive media rights, including television broadcasting and digital streaming rights, for the ICC events in India for the period 2024-2027, as per the Media Rights Agreement with the International Cricket Council (ICC). The dispute arose when multiple rogue websites operated by the defendants were found to be illegally broadcasting and disseminating the plaintiffs' exclusive content related to the ICC Men’s T20 World Cup 2024. The plaintiffs had previously faced similar infringements during events like the Tata IPL 2024.
Procedural Background:
The plaintiffs filed CS(COMM) 455/2024 before the Delhi High Court seeking a permanent injunction against defendants, including rogue websites, domain name registrars, internet service providers (ISPs), and government authorities. On 28th May 2024, the Court passed an ex-parte ad interim injunction restraining defendants from infringing the plaintiffs' rights by illegally streaming or broadcasting their content. The Court also directed domain registrars to lock and suspend domain names and ISPs to block access to the rogue websites. Subsequently, the plaintiffs identified and impleaded additional rogue websites as defendants. Despite being served, no written statements or affidavits of admission/denial were filed by the defendants, and the time for filing the same expired.
Provisions of Law Referred and Their Context:
Section 37 of the Copyright Act, 1957 was invoked by the plaintiffs, which grants broadcasting organizations exclusive broadcast reproduction rights. The plaintiffs argued that the unauthorized online streaming of the ICC T20 World Cup 2024 by rogue websites infringed their statutory rights under this section. Order VIII Rule 10 of the Code of Civil Procedure, 1908 (CPC) was relied upon by the Court to decree the suit as uncontested, given the absence of a written statement from the defendants. The plaintiffs also invoked Order I Rule 10 of the CPC to implead additional rogue websites discovered during the proceedings.
Reasoning of Court"
The Court noted that the defendants had not filed any written statements, and in accordance with Order VIII Rule 10 CPC and Rule 3 of the Delhi High Court (Original Side) Rules 2018, the unchallenged averments and documents filed by the plaintiffs stood admitted. The Court held that the rogue websites were knowingly engaged in exploiting the plaintiffs' exclusive rights by making unauthorized broadcasts of the ICC T20 World Cup 2024 content. This illegal dissemination infringed both copyright and broadcast reproduction rights, causing irreparable harm to the plaintiffs by reducing their revenues and diluting the commercial value of their rights. The Court found no defence on record from the defendants and concluded that there was no merit in continuing the suit to trial.
Decision:
The Delhi High Court passed a decree of permanent injunction in favour of the plaintiffs, restraining defendants no.1 to 11 and defendants no.33 to 175 (rogue websites) from further infringing the plaintiffs' rights. The Court accepted that the other reliefs stood satisfied, and the plaintiffs did not press for damages.
