Broadcast Battle: Star India Triumphs Over Unauthorized Platforms

Introduction:

The case of Star India Private Limited v. Magicwin.Games & Ors.[1] presents a significant development in the realm of intellectual property enforcement within the digital broadcasting sector. Filed before the Delhi High Court, the matter concerned the unauthorized dissemination and streaming of proprietary broadcast content related to the ICC Men’s T20 World Cup 2024. The Plaintiff, a prominent broadcaster with exclusive media rights, sought judicial intervention to restrain several rogue websites from infringing upon its legally acquired broadcasting and digital streaming rights. The case underscores the judiciary’s responsiveness to challenges posed by digital piracy and the evolving strategies employed to safeguard content in the age of online streaming.

Background:

Star India Private Limited is a well-established entity in the Indian media and entertainment industry. The company operates more than 70 television channels and manages the widely accessed online streaming platform, Disney+Hotstar. Pursuant to a Media Rights Agreement dated 27th August 2022 with the International Cricket Council (ICC), the Plaintiff acquired exclusive digital and television broadcasting rights within India for a range of ICC events for the term 2024–2027. Given the exclusive rights granted to the Plaintiff by the ICC, the Plaintiff holds broadcast reproduction rights as outlined and affirmed under Section 37 of the Copyright Act, 1957.

Historically, ICC tournaments have commanded substantial viewer interest and commercial revenue, particularly within India. However, in anticipation of potential unauthorized online broadcasts, given past infringements during events such as the TATA IPL 2024, the Plaintiff initiated the present suit seeking preventive and remedial reliefs against entities engaged in the illegal streaming and broadcasting of its exclusive content.

Facts of the Case:

The present suit was filed against 68 defendants, including rogue websites, domain name registrars, internet service providers (ISPs), telecom service providers (TSPs), and government bodies like DoT and MeitY. These rogue websites were not just streaming Star’s exclusive content but also promoting illegal betting activities in violation of the Public Gambling Act, 1867.

On the first date of the hearing itself, the Court issued summons and granted an ex-parte injunction, restraining defendants 1-9 from infringing the Plaintiff’s rights. Defendants 10-11 were ordered to disclose details of Defendants 1-9, while Defendants 12-20 were directed to block their websites, and Defendants 21-22 were instructed to block access via ISPs and TSPs. Despite being served, the Defendants did not file any written statements, leading the Court to proceed without requiring a full trial.

Court’s Reasonings and Findings:

Given that no written statements or affidavits of admission/denial were filed, the Court held the Plaintiff’s case to be undisputed.

The Court noted that the infringing parties were habitual offenders, creating “mirror websites” to bypass Court orders and continue streaming unauthorized content and that their actions caused “irreparable harm” to the Plaintiff by undermining the commercial value of the broadcast rights.

The Court noted that “The defendants' activities have caused irreparable harm to the plaintiff as these Rogue Websites not only violate and infringe the exclusive rights of the plaintiff in ICC T20 World Cup 2024 but also erode and dilute the value of the exclusive rights by taking away significant revenues from the plaintiff.” Accordingly, the Court passed a decree of permanent injunction in favor of Star India, restraining Defendants no. 1 to 9 and 24 to 68 from streaming or disseminating the Plaintiff’s exclusive content.

Conclusion:

This judgment is a compelling reminder of the judiciary’s evolving approach toward digital piracy in the realm of sports broadcasting. The Court not only upheld the sanctity of exclusive licensing arrangements but also recognized the urgency and complexity of enforcing digital rights in real time. By responding swiftly and firmly, the Delhi High Court ensured that rogue operators cannot ride on the popularity of major events at the cost of lawful broadcasters.

The case sets an important precedent for rights holders in the digital era and reaffirms that the Indian judiciary will not hesitate to protect intellectual property against stealthy digital violators.

References:

 S(COMM) 490/2024, I.A. 31119/2024 & I.A. 31121/2024