Star India Private Ltd & Anr. vs T1.Mylivecricket.Club & Ors.

Prathiba M. Singh, J.

This hearing has been done through hybrid mode.

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:

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).

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.

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 of the ICC Men’s T20 World Cup 2022 cricket tournament which was to commence from 16^th October, 2022 and conclude on 13^th November, 2022.

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.

The present suit was listed for the first time on 11^th 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:

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.

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.

Further, vide order dated 17th May, 2023, the right to file written statement of Defendant No. 1 to 9, 11 to 15, 17 to 23 has been closed.

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.

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.

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.

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.

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.

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.

No order as to costs.

Decree sheet be drawn accordingly. All pending applications are also disposed of.

Additional Affidavits filed in Star India Pvt Ltd. vs T1my.livecricket.club CS(COMM) 699 of 2023