LawChakra

Illegal IPL Streaming Restricted | Delhi HC Grants Dynamic+ Injunction in Favor of Viacom 18

The Delhi High Court issued a dynamic+ injunction order in support of Viacom 18, prohibiting several unauthorized websites from streaming Indian Premier League (IPL) matches illegally.

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Illegal IPL Streaming Restricted | Delhi HC Grants Dynamic+ Injunction in Favor of Viacom 18

NEW DELHI: The Delhi High Court issued a notable ruling in favor of Viacom 18 by issuing a dynamic+ injunction order. This legal directive aims to curb the unauthorized broadcasting of Indian Premier League (IPL) matches by various unregulated websites. A dynamic+ injunction is a legal tool designed to protect copyrighted content from the moment of its creation, thus averting any potential irreversible damage to the rights holders of such works.

NOTE: Dynamic+ Injunction Meaning Proposed by Justice Pratibha Singh (whose courtroom is no stranger to copyright conflicts), the order protects not only currently copyrighted works in infringement cases, but also works as soon as they are produced by the copyright owners themselves.

In his judgment, Justice Sanjeev Narula highlighted the critical nature of timely action against these rogue platforms, especially considering the fleeting duration of IPL matches. He pointed out that any procrastination in blocking these illicit sites could result in considerable economic detriment to Viacom 18. The court underscored the urgency of thwarting such infringements to shield the plaintiff’s investments in the broadcasting rights and to safeguard its copyright privileges.

Subsequently, the court mandated the immediate blockade of the specified rogue websites identified in Viacom 18’s lawsuit, as well as any other platforms subsequently found to be illicitly streaming the matches. The court stipulated,

“During the currency of the IPL Events, if any further websites are discovered which are illegally streaming and communicating content over which the Plaintiff has rights, the Plaintiff is given liberty to communicate the details of such websites to the DoT and MeitY for issuance of blocking orders, and simultaneously to the ISPs for blocking the said websites, so as to ensure that these websites can be blocked on a real time basis there is no considerable delay. Upon receiving the said intimation from the Plaintiffs, the ISPs shall take steps to immediately block the rogue websites in question. Likewise, the DoT and MeitY shall also issue blocking orders immediately upon the Plaintiffs communicating the details of the websites which are illegally streaming the IPL Events,”

-thereby ensuring rapid action against newly identified infringing websites.

Additionally, the court instructed domain name registrars to immobilize and suspend the operation of these infringing sites and to disclose all pertinent details about them. Various internet service providers have been directed to restrict access to these unlawful platforms.

In the context of its proprietary rights, Viacom 18, the owner of the over-the-top (OTT) platform Jio Cinema, has secured exclusive digital media rights for broadcasting IPL matches in the Indian subcontinent and overseas television rights from 2023 to 2027. The company approached the High Court to address the issue of numerous rogue websites broadcasting IPL matches without authorization.

In its comprehensive ruling issued on March 22, the High Court emphasized the dynamic nature of the digital sphere, which necessitates that judicial orders adapt alongside technological developments and the challenges arising in the online environment. The court stated,

“The legal remedies must remain robust and effective in curtailing copyright infringement, particularly in the fast-paced environment of the internet. Courts must, therefore, be proactive in updating, adapting, and modifying their directions to address these challenges effectively. In the absence of such adaptive legal measures, the rights of intellectual property holders stand at risk of being undermined, rendering their intellectual property rights ineffectual. It is thus essential for the legal framework to remain vigilant and responsive to the challenges presented by digital piracy, ensuring that the protections afforded to copyright and intellectual property are not only theoretical but also enforceable and practical in safeguarding the rights and interests of the rightful owners.”

This narrative underscores the necessity for the legal system to remain agile and responsive to safeguard intellectual property rights effectively in the age of digital dissemination.

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