Case Title: Star India Pvt. Ltd. & Anr. v. Ashar Nisar & Ors.
Date of Order: 6th February 2025
Case No.: CS(COMM) 214/2022
Neutral Citation: 2025:DHC:, 840
Court: High Court of Delhi at New Delhi
Judge: Hon'ble Mr. Justice Amit Bansal
Facts of the Case:
Star India Pvt. Ltd. (plaintiff no. 1) and its affiliate (plaintiff no. 2) filed a suit seeking a permanent injunction against multiple defendants involved in the unauthorized dissemination and broadcasting of the plaintiffs' copyrighted content via rogue websites and mobile applications.
The plaintiffs operate over 70 television channels and own the streaming platform Disney+ Hotstar, which has exclusive broadcast rights for various entertainment and sports events, including ICC cricket matches. The defendants allegedly used illicit mobile applications such as Ninja TV, RTS TV, and Stream India to stream Star India's content without authorization, resulting in substantial revenue losses and dilution of intellectual property rights.
Issues:
1. Copyright Infringement: Whether the defendants' activities amounted to infringement under the Copyright Act, 1957.
2. Broadcast Reproduction Rights: Whether the defendants violated the plaintiffs’ exclusive broadcast reproduction rights under Section 37 of the Copyright Act.
3. Piracy and Revenue Loss: Whether the defendants’ conduct resulted in irreparable financial harm and dilution of goodwill.
4. Ex-Parte Proceedings: Whether the court should pass a summary judgment in the absence of any defence from the defendants.
Reasoning and Analysis by the Court:
1. Admitted Facts:
Since no written statement or affidavit of admission/denial was filed by the defendants, all allegations in the plaint were deemed admitted under Rule 3 of the Delhi High Court (Original Side) Rules 2018.
2. Copyright and Broadcast Infringement:
The court found that the defendants created, distributed, and promoted rogue applications and websites that streamed Star India’s content without authorization. This conduct infringed both the plaintiffs' copyrighted content and their broadcast reproduction rights under Section 37 of the Copyright Act, 1957.
3. Irreparable Harm:
The unauthorized streaming activities significantly reduced the value of the plaintiffs' intellectual property and diverted potential revenue. The court acknowledged the broader impact of digital piracy on the media industry, highlighting the erosion of trust and revenue streams for legitimate content providers.
4. Ex-Parte Proceedings and Summary Judgment:
The court applied Order VIII Rule 10 of the CPC, observing that the defendants' failure to appear despite service indicated an absence of any genuine defence. The court determined that conducting a full trial would be unnecessary and counterproductive under the given circumstances.
Decision:
The Delhi High Court passed a decree of permanent injunction with the following key directions:
1. Injunction Against Mobile Applications:
Defendants operating infringing apps like Ninja TV, RTS TV, and Stream India were permanently restrained from communicating, streaming, or distributing the plaintiffs’ content through any platform without authorization.
2. Injunction Against Rogue Websites:
Websites facilitating the distribution of these illicit applications were similarly restrained from hosting or linking to the infringing apps.
3. Enforcement Measures:
Internet service providers (ISPs) were directed to block access to the identified rogue websites and apps, and relevant government bodies, including the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MeitY), were instructed to assist in the enforcement process.
4. Relief Not Pressed:
The plaintiffs chose not to pursue certain ancillary reliefs initially sought, focusing solely on the injunction and enforcement actions.
