Delhi High Court restrains 'rogue websites', unauthorised DTH operators from broadcasting India-England series

The Delhi High Court on Wednesday passed an ex-parte order restraining 39 ‘rogue websites’ from illegally streaming the matches of the upcoming cricket series between India and England.Justice Sanjeev Narula directed various Internet Service Providers (ISPs) to block access to these sites adding that the directions will also operate in respect of the mirror, redirect, alphanumeric websites which are put in play by them.“Defendants No. 1 to 39 are restrained from, in any manner, hosting, streamlining, reproducing, distributing, making available to the public and/or communicating to the public or facilitating the same on their websites through the internet in any manner whatsoever, any cinematograph work, content, programme and show or event in which the Plaintiff has copyright,” read the court’s order.The High Court also restrained a bunch of Distribution Platform Operators (DPOs) from illegally hosting, broadcasting, distributing or making available the matches to the public.DPOs are local Direct to Home (DTH) operators providing cable TV services. .The order was passed on a suit filed by Sony Pictures (now known as Culver Max Entertainment Private Limited) which holds the streaming rights for the matches.The suit stated that India has traveled to England to play one Test Match, three T-20 Internationals and three one-day matches against England in July. Sony owns and operates ‘Sony Ten Network’ of channels and has acquired exclusive license from England and Wales Cricket Board (ECB) to broadcast the India-England series in the territories of India, Pakistan, Afghanistan, Sri Lanka, Nepal, Bangladesh, Bhutan, Myanmar and Maldives. It was argued that Sony has the exclusive television, digital, radio, clip, audio, public screening and highlights rights for the series.Sony said that it also has exclusive right to create contemporaneous textual commentary of the matches on its mobile platform and the right to sub-license the media rights.It further sought a direction for appointment of local commissioner to visit the premises of these DPOs if found that they are indulging in illegal broadcast of the matches..The Court accepted the request and appointed Sarvan Kumar as the local commissioner and directed him to search the properties and seize equipment used for illegal broadcast as and when he receives information about the same from the plaintiff.“The Local Commissioner shall be empowered to have the assistance of SHO of the area concerned, if so required. In case such assistance is asked for by the Local Commissioner, the same shall be provided without any fail by the concerned SHO. The Defendants are directed to cooperate with the Local Commissioner. The representatives and the learned counsel for the Plaintiff are also allowed to assist the Local Commissioner,” the order said. The judge also granted Sony the liberty to array more rogue websites if they are found streaming these matches after the passing of the order."The purpose being that the Court, in these cases, needs to dynamically monitor such egregious illegality and, if necessary, pass interim orders to restrain similar rogue websites from illegally streaming the creative content in which the plaintiffs have a copyright," the Court said. .The Court asked the defendants to file their written statements within 30 days. Plaintiff will file its replication within 15 days thereafter.The case will be heard next by the roster bench on November 4..Advocates Abhishek Malhotra, Atmaja Tripathy, Sapna Chaurasia, Pritha Mitra and Karen A Baretto appeared for the plaintiff..[Read Order]

Delhi High Court restrains 'rogue websites', unauthorised DTH operators from broadcasting India-England series

Prashant Jha

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