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Synopsis

The Delhi High Court has issued a dynamic injunction order in favor of Viacom18, providing protection against unauthorized streaming of episodes of the popular reality show 'Bigg Boss' on rogue websites.

A bench comprising Justice Prathiba M Singh emphasized the popularity of Bigg Boss in India and deemed any unauthorized dissemination of its episodes as a clear infringement of Viacom18's copyright and reproduction rights.

Justice Singh expressed concern over the proliferation of rogue websites using the name 'Big Boss,' emphasizing the potential boost to piracy and unauthorized dissemination, which could result in substantial financial losses for Viacom18. High court has also highlighted the impact on Viacom18's subscription platform, Jio Cinema, and noted that permitting illegal telecasts could jeopardize the plaintiff's subscription base.

The court's order specifically restrained five websites from broadcasting, telecasting, streaming, retransmitting, and hosting any episodes of the Bigg Boss program, whether already telecasted or likely to be telecasted in the near future. The order also granted Viacom18 the authority to file an application upon discovering any further websites with the name 'Bigg Boss' or any other websites illegally telecasting the plaintiff's programs. In such cases, the court directed that the domain names be locked or suspended, and blocking orders would be issued.

The dynamic injunction order was issued in response to a suit filed by Viacom18 seeking protection of its rights in 'Big Boss' across all formats. The suit targeted at least five websites that were streaming the show's episodes illegally. Viacom18 asserted that 'Big Boss' is based on the format of the international Dutch show 'Big Brother,' and the company holds the format rights obtained from Endemol Shine IP BV.

After evaluating the facts presented, the court found that Viacom18 had established a prima facie case for the grant of an ex-parte injunction, citing irreparable loss that would be caused if the errant websites were not restrained from disseminating 'Bigg Boss' episodes. In addition to restraining the websites from hosting and streaming episodes, the court ordered the suspension of their domain names.

The court extended the injunction to cover any other websites discovered engaging in the illegal telecast of 'Big Boss.' The case is scheduled for further consideration on April 9, 2024, after issuing summons in the matter.

Case Title: VIACOM18MEDIAPRIVATELIMITED VS. BIGGBOS.LIVE zx & ORS.