In a recent ruling in the case of Viacom 18 Media Private Limited v. John Doe & Ors, the Delhi High Court granted a dynamic+ injunction order in support of Viacom 18, restraining several unauthorized websites from streaming Indian Premier League (IPL) matches.
A dynamic+ injunction is a legal measure aimed at safeguarding copyrighted content immediately upon its creation, preventing any potential irreparable loss to the creators and rights holders.
Justice Sanjeev Narula issued the injunction, highlighting the brevity of IPL matches and emphasizing that any delay in blocking access to rogue websites could result in substantial financial damages for Viacom 18.
The Court emphasized the importance of swift action to combat infringement, essential for preserving the plaintiff’s investment in broadcasting rights and upholding copyright protections.
Consequently, the Court ordered the blocking of the specified rogue websites mentioned in Viacom 18’s petition, along with any other websites found to be unlawfully streaming IPL matches.
“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,” the Bench ordered.
The Court further directed domain name registrars to lock and suspend the identified rogue websites, compelling them to disclose their complete details.
Additionally, various internet service providers have been mandated to block access to these infringing websites.
Viacom 18, the owner of the over-the-top (OTT) platform Jio Cinema, holds exclusive digital media rights for the Indian sub-continent and overseas television rights for IPL from 2023 to 2027.
Arguing before the High Court, Viacom 18 highlighted the proliferation of rogue websites illicitly streaming IPL matches.
In its comprehensive order issued on March 22, the High Court recognized the dynamic and continually evolving nature of the digital sphere. It emphasized the necessity for court directives to remain adaptable, keeping pace with technological advancements and the challenges presented by the virtual landscape.
“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.”
