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Synopsis

Recently, the Delhi High Court issued a dynamic+ injunction to Star India against unauthorized websites. The injunction prohibited these websites from transmitting, hosting, streaming, screening, distributing, or authorizing ICC Events on any electronic or digital platform.

“The short duration of these matches means that any delay in blocking access to rogue websites could lead to significant financial losses for the Plaintiff and an irreparable breach of their broadcast reproduction rights. Therefore, swift action to prevent such infringements is crucial to preserving the Plaintiff’s investment in the broadcasting rights and maintaining their copyright protections”, the bench of Justice Sanjeev Narula held. 

Due to the widespread popularity of ICC Events, Star India was concerned that many unauthorized websites would broadcast ICC Men’s T20 World Cup 2024 cricket matches online. This concern was backed by the presence of rogue betting websites that were already promoting the T20 World Cup.

Advocate Sneha Jain, representing Star India, argued that previous injunctions against a few websites often resulted in more rogue sites appearing and continuing to illegally broadcast matches. They argued that dynamic injunctions had proven effective in tackling these issues by quickly blocking new infringing sites and safeguarding the rights of content owners.

The court recognized the broad popularity and importance of the ICC Events. It observed that Star India had acquired the digital and television broadcasting rights for these events through a substantial financial commitment outlined in the Agreement. The bench emphasized that unauthorized dissemination, telecasting, or broadcasting of these events on various websites and digital platforms posed a significant threat to Star India's revenue streams.

Moreover, the court noted that such unauthorized activities devalued the substantial investment made by Star India in securing these rights. It further stated that the broadcast content, including footage, commentary, and other elements, was fully protected under the Copyright Act. Therefore, the unauthorized use of this content not only impacted financial returns but also infringed upon the copyright protections granted to broadcast content. “It is thus imperative to recognize the legal rights associated with the creation and dissemination of this content, emphasizing the need for stringent measures to prevent unauthorized broadcasts and safeguard the Plaintiff’s interests”, the court emphasized.

Furthermore, the bench recognized the problem of unauthorized websites illegally broadcasting copyrighted content, which posed a recurring threat, particularly with upcoming ICC events. These websites showed a pattern of unlawfully streaming copyrighted material, emphasizing the need to proactively restrict their access to such content. As a result, the court emphasized the importance of judicial action to prevent these rogue websites from sharing any parts of cricket matches or ICC events without appropriate authorization or licensing.

“The dynamic and ever-evolving nature of the digital landscape necessitates that court orders are not static, but evolve in tandem with the technological advancements and challenges posed by the virtual domain”, the court highlighted. The bench commented that it was necessary to have strong and effective legal measures to reduce copyright infringement, especially given the rapid pace of the internet. Therefore, courts should take proactive steps to update and adjust their approaches to effectively tackle these challenges.

The court noted that failing to implement such flexible legal measures could weaken the rights of intellectual property owners, making their rights ineffective. The court opined “It is thus essential for the legal framework to remain vigilant and responsive to the challenges presented by digital piracy, ensuring that the protections afforded to copyright and intellectual property are not only theoretical but also enforceable and practical in safeguarding the rights and interests of the rightful owners”.

The court concluded that Star India had presented sufficient evidence to justify an interim injunction. It emphasized that without this injunction, Star India would have suffered irreparable damage. “The need for immediate relief is particularly pressing in this case, considering the T20 format of the T20 World Cup, which are characterized by their brief duration”, the bench added. Therefore, the court emphasized the need for prompt action to safeguard Star India’s investment and uphold its copyright protections.

Accordingly, the court scheduled the matter for November 5, 2024 for further consideration.

Case Title: Star India Private Limited v Magicwin.Games & Ors. (CS(COMM) 490/2024)