Delhi HC Restrains Rogue Websites From Infringing Rights Of Sony In India-England International Cricket Series 2022

The Delhi High Court has granted protection to Sony against the illegal broadcasting of the Sporting Event scheduled to be held from 1st July 2022 to 17th July 2022.

The Bench of Justice Sanjeev Narula observed that Sony had exclusive media rights from England and Wales Cricket Board Limited (ECB) therefore the Court granted protection to Sony against the illegal transmission, broadcasting, communication, telecast and unauthorised distribution of any event, match, footage, clip, audio-video, audio-only of the Sporting Event scheduled to be held from 1st July 2022 to 17th July 2022.

Sony Media Entertainment Network Limited-Plaintiff had approached the High Court seeking an order of permanent injunction against rogue websites to restrain them from infringing the rights of Sony in the India-England International Cricket Series 2022 (India Tour of England 2022).

Sony operates the "SONY TEN Network" of channels and has acquired an exclusive license from England and Wales Cricket Board Limited (ECB) to broadcast/ communicate the said Sporting Event to the public in the territories of India, Pakistan, Afghanistan, Sri Lanka, Nepal, Bangladesh, Bhutan, Myanmar and the Maldives.

It was submitted that the suit was initiated against websites/ Uniform Resource Locators (URLs), Multi System Operators ("MSO")/ Local Cable Operators ("LCO") who were habitual defaulters and had in the past also infringed the Plaintiff's exclusive rights for the broadcast of such matches.

The Court noted that the balance of convenience laid in favour of the Plaintiff-Sony. It further noted that it was likely to suffer irreparable loss and injury, in case an injunction was not granted in its favour.

Accordingly the Court ordered the following-

"(i) 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. (i)(a) This injunction shall also operate in respect of the mirror/redirect/alphanumeric websites, which are put in play by Defendants No. 1 to 39 to grant access to the websites.

(ii) Defendants No. 58 to 89 are directed to block access to the websites of Defendants No. 1 to 39. (ii)(a) This direction will also operate qua mirror/redirect/alphanumeric websites, which have their roots in the websites of Defendants No. 1 to 39.

(iii) Defendants No. 40 to 57 and 92 are restrained from, in any manner to host, stream, reproduce, distribute, broadcast, make available to the public and/or communicate to the public any unauthorized andunlicenced reproduction or broadcast on the local channels or through other means of various copyrighted content, including but not limited to the matches of the said sporting events through cable network.

(iv) Defendants No. 90 and 91 shall issue necessary directions/notifications calling upon various ISPs, in general, to block access to the websites of Defendants No. 1 to 39 as also qua mirror/ redirect/ alphanumeric websites of the said Defendants.

(v) Plaintiff is given liberty to file an application under Order I Rule 10 of the Code of Civil Procedure, 1908 to array other rogue websites if the same are discovered after the issuance of the instant interim 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 also appointed Sarvan Kumar as the Local Commissioner to ascertain whether these Defendants were unauthorisedly distributing transmitting/ communicating/ redistributing the said Sporting Events without the licence of the Plaintiff.

Click here to read/download the Order