Delhi High Court Restrains Illegal Streaming Of Men’s Asia Cup Cricket Match Till Next Hearing Date On A Plea By Star India
|The Delhi High Court on a plea filed by Star India Private Limited has restrained the illegal streaming and broadcasting of the Men’s Asia Cup Cricket Match till the next date of hearing which is commencing from August 31 to September 17, 2023.
A Single Bench of Justice Prathiba M. Singh directed, “Considering the investment which the Plaintiffs have made in acquiring the rights of these events, any illegal broadcasting would severely affect the monetary interest of the Plaintiffs, and also diminish the value of the rights of such sporting events. Accordingly, till the next date of hearing, the Defendant Nos. 1 to 22 and all others acting for or on their behalf, shall stand restrained from hosting, streaming, broadcasting, rebroadcasting, retransmitting or in any other manner communicating to the public, or disseminating to the public, any cricketing events, extracts, excerpts, highlights in relation to cricket matches relating to the Asia Cup 2022 commencing from 31st August, 2023 to 17th September, 2023.”
The Bench was convinced that the websites belonging to the defendants are rogue websites, primarily consisting of pirated content and that the identity of the said websites was also unknown as they are privacy protected with the Domain Name Registrars.
Advocates Sidharth Chopra and Yatinder Garg represented the plaintiffs while none represented the defendants.
Facts of the Case -
The plaintiffs, Star India Pvt. Ltd. and Novi Digital Entertainment Pvt. Ltd. filed a suit seeking an injunction to restrain the illegal and unauthorized dissemination of the Asia Cup Cricket Match 2023 and associated content by the defendants. The plaintiffs’ case was that there were 65 TV Channels in eight languages, including general entertainment and sporting channels which were being telecasted by Star India. The plaintiffs owned rights in respect of events relating to various sports such as cricket, football, Formula 1, etc.
The Asia Cup cricket tournament is to commence from 31st August, 2023 till 17th September, 2023. The case of the Plaintiffs was that they own the exclusive licence of the media rights of various sporting events which are telecasted on their sports channels. As per letter dated August 18, 2022, the Asian Cricket Council granted to the plaintiffs, the exclusive global media rights for the Asia Cup Tournaments, for the period 2018 to 2023.
The High Court in the above context of the case said, “The Plaintiffs have severe apprehension that owing to the past conduct of these rogue websites, the said websites are likely to illegally stream and telecast the Asia Cup Cricketing events scheduled from 31st August, 2023 onwards.”
The Court further noted that the websites are not merely indulging in streaming Star Sports channels, but various other established channels as well and that the broadcasting is not limited to cricket matches, but also other sporting events, such as the ‘France Ligue’, and the ‘LALIGA Football’.
“The past experience of various sporting events shows that such events are usually unauthorisedly broadcasted and streamed. … Under such circumstances, the Court is convinced that the Plaintiff has made out a prima facie case for grant of an ex-parte ad interim injunction, which is also a dynamic injunction”, observed the Court.
The Court said that the balance of convenience lies in favour of the plaintiffs and irreparable injury would be caused if the interim injunction is not granted.
“Disclosure orders are also liable to be passed against the Domain Name Registrars, and further, the MEITY and DoT ought to also issue blocking orders to all the ISPs, to block the said rogue websites”, also said the Court.
Accordingly, the High Court listed the matter for the next hearing on December 19, 2023.
Cause Title- Star India Private Limited & Anr. v. Crichd SC & Ors.