The Delhi High Court has recently issued an injunction order to ensure real-time blocking of websites that may attempt to illegally stream cricket matches that are part of the upcoming ICC Men’s Cricket World Cup 2023, which is scheduled to start on October 5.
The order was pronounced on a copyright lawsuit filed by Star India Private Limited, which owns the media rights for international cricket matches organised by the Board of Control for Cricket in India (BCCI) and the International Cricket Council (ICC). Along with Star, its affiliate Novi Digital Entertainment Pvt Ltd, which operates Disney+ Hotstar on which the matches are to be streamed, also moved the plea.
Star India, in its appeal, said that once the matches start, a large number of websites may indulge in unauthorised dissemination of the matches. It also said that rogue websites even after being blocked or taken down may create “mirror websites” continuing the illegal broadcast. It thus sought to block these websites on a real-time basis.
Justice Prathiba M Singh observed that the World Cup matches are extremely popular in the Indian subcontinent and that any delay in blocking such rogue websites would result in monetary losses for Star India Private Limited and its affiliate online platforms like Disney+ Hotstar.
“Rogue websites, which in the past have indulged in piracy of copyrighted content, are very likely to continue communicating copyrighted works to the public during the currency of World Cup 2023. Thus, there is a need to restrain any rogue websites from disseminating and communicating to the public any part of the cricket match events without authorisation or license from the plaintiffs,” the high court said.
Observing that there was a prima facie case, the Delhi HC restrained nine rogue websites from disseminating any part of the matches on any platform.
The high court also directed internet service providers (ISPs) to block the rogue websites. Various Domain Name Registrars (DNRs) were also asked to lock and suspend such websites within 72 hours.
The court further said that if any further websites are later discovered illegally streaming the matches during the World Cup, Star can communicate the details to the Department of Telecommunication (DoT), Union Ministry of Electronics and Information Technology (MeitY) for blocking orders.
The court also granted Star India the liberty to simultaneously communicate the details to the ISPs for blocking the websites to “ensure that these websites can be blocked on a real-time basis there is no considerable delay.”
“The DoT and MeitY shall also issue blocking orders immediately upon the Plaintiffs communicating the details of the websites which are illegally streaming the ICC World Cup Cricket matches,” the Court ordered.
However, the bench clarified that if any website, which is not primarily an infringing website, is blocked, it can approach the Court and give an undertaking that it does not intend to do any illegal dissemination of the ICC World Cup matches.
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