The Delhi High Court recently issued an injunction order to ensure real-time blocking of websites that may attempt to illegally stream cricket matches that are part of the upcoming ICC Men’s Cricket World Cup 2023. [Star India Private Limited & Anr V. Jiolive.tv & Ors]
Justice Prathiba M Singh observed that World Cup matches are extremely popular in the Indian subcontinent and that any delay in blocking such rogue websites would result in monetary losses for Star India Private Limited and its affiliate online platforms like Hotstar.
“Such a relief is called for in the present matter, especially, in view of the fact that these are one day international matches,” Justice Singh said.
Star India which owns exclusive global media rights for the ICC World Cup 2023, approached the High Court for an injunction to restrain any illegal or unauthorised broadcast of the cricket matches.
It also sought the blocking of such websites on a real-time basis while the match is going on.
Justice Singh observed that the rogue websites are very likely to continue communicating copyrighted works (broadcast of cricket matches) to the public during the World Cup 2023.
“The World Cup matches form an important and integral part of the events over which the ICC exercises rights which have been licensed to the Plaintiffs [Star],” the Court noted.
It, therefore, restrained nine platforms from “communicating, screening, making available or disseminating any part of the ICC World Cup Cricket matches on any electronic or digital platform in any manner whatsoever.”
Various Domain Name Registrars (DNRs) were also asked to lock and suspend such websites within 72 hours. The Court further directed the Internet Service Providers (ISPs) to block the rogue websites.
However, the Court also said that if any further websites are discovered later to be illegally streaming the matches, Star can communicate the details to the Department of Telecommunication (DoT) and the Union Ministry of Electronics and Information Technology (MeitY) for issuance of immediate blocking orders.
Star was given the liberty to simultaneously communicate the details to the ISPs for blocking the websites to “ensure that these websites can be blocked on a real time basis there is no considerable delay.”
“The DoT and MeitY shall also issue blocking orders immediately upon the Plaintiffs communicating the details of the websites which are illegally streaming the ICC World Cup Cricket matches,” the Court ordered.
However, the bench clarified that if any website, which is not primarily an infringing website, is blocked, it can approach the Court and give an undertaking that it does not intend to do any illegal dissemination of the ICC World Cup matches.
“The Court would consider modifying the injunction accordingly,” it added.
Advocates Sidharth Chopra, Sneha Jain, Yatinder Garg, Raunak Das Sharma and Rimjhim Tiwari represented the plaintiffs (including Star India).
Central Government Standing Counsel Harish Vaidyanathan Shankar with advocates Srish Kumar Mishra, Sagar Mehlawat and Alexander Mathai Paikaday represented the DoT and MEITY.
[Read Order]