ICC Men's T20 World cup: Delhi High Court protects Star India, restrains rogue websites from streaming matches

The Delhi High Court last week restrained seven rogue websites from broadcasting ICC Men's T20 World Cup, in violation of the broadcasting rights of Star India Pvt. Ltd [Star India Pvt. Ltd. and Anr. v Filmyclub.Wapkiz.com and Ors.]..Single-judge Justice Sanjeev Narula also directed internet service providers (ISPs) to block access of users to the seven rogue websites and any other website discovered to be streaming similar content. "Defendants Nos. 1 to 7 (and such other websites and entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiffs’ exclusive rights and disclosed on affidavit before this Court) are restrained from, in any manner, communicating to the public, hosting, reproducing, streaming, broadcasting, re-broadcasting, retransmitting, exhibiting, and/ or making available for viewing and downloading, providing access to and/ or communicating to the public, displaying, uploading, modifying, publishing, updating and/ or sharing (including to its subscribers and users) through the internet, or any other manner whatsoever, the ICC Men’s T20 World Cup 2021, and the content related thereto," the order said."Defendant Nos. 8 to 16 (ISPs) their Directors, Proprietors, Officers, Affiliates are directed to block access to the websites impleaded as Defendant Nos. 1 to 7, or such other websites as may be notified by the Plaintiffs on affidavit, within 72 hours of receipt of this order," the Court added.The order was passed on a suit filed by Star India Pvt. Ltd. alleging that some rogue websites were streaming ICC events thereby infringing Star's broadcasting and reproduction rights with respect to ICC Men’s T-20 World Cup 2021 which is vested with Star's TV channels and Disney+ Hotstar online platform.The seven websites arraigned as parties were: Defendant No. 1 filmyclub.wapkiz.com Defendant No. 2. ipl.hitcric.tv Defendant No. 3. doratv-ipl.wapkiz.com Defendant No. 4. tamilblasters.win Defendant No. 5. thdtvworld.xyz Defendant No. 6. uptomovie.xyz Defendant No. 7. zolhdtv.comIt was contended by Star that it has exclusive global media rights including television rights, digital rights (internet as well as mobile) and certain ancillary rights for various ICC events from 2015-2023 including the upcoming Men's T20 world cup. The same was acquired by way of a ‘Media Rights Agreement’ dated November 20, 2014..Senior Advocate Amit Sibal, appearing on behalf of Star, submitted that Star has exclusive global rights to broadcast live, delayed, highlights, clips and repeat exhibition of various sporting events, over which it acquired digital rights, through various digital transmission platforms for viewing on various devices such as televisions, computers, laptops, mobile phones, tablets, etc. These rights also include the exclusive right to use the ICC event logos, it was contended. The defendants were infringing these exclusive rights, Sibal said. .He also submitted screenshots of the defendant websites which displayed the logo of ICC Men's T20 World Cup 2021, to indicate that they will broadcast the event on their platforms. It was further submitted that the plaintiff is unaware of the identity of the owners of these websites as they are either anonymous or have incorrect addresses..Sibal also pointed out that the Delhi High Court had previously in similar cases appreciated the apprehensions of the plaintiff and extended injunction by permitting the plaintiff to approach the Department of Telecommunications (DoT) in the event, the existence of similar websites (likely to infringe their broadcasting reproduction rights) come to their knowledge.Sibal however said that such directions did not serve the purpose of protecting their rights; since ‘take-down’ requests made to the DoT ordinarily took three to seven days to be given effect to. He, therefore, requested the Court to pass omnibus direction in futuro – even before any websites are identified or affidavits are filed, thereby protecting the interests of Star..The Court concurred with the argument of Star India stating that it has made out a prima face case in its favour and the balance of convenience was in its favour.It, therefore, proceeded to grant interim relief to Star. .The Court alsi directed Department of Telecommunications and Ministry of Electronics and Information Technology to issue notification calling upon the internet and telecom service providers registered under them, to block access to the impleaded defendant websitesThe matter will be heard again on February 28, 2022..[Read Order]