Delhi High Court Closes Suit By Hotstar Against Rogue Websites Over Unauthorized Telecasting Of 'The Big Bull Film'

The Delhi High Court has disposed of a suit by Novi Digital Entertainment Pvt. Ltd., operating the online video streaming platform Hotstar, filed against various rogue websites apprehending illegal and unauthorized telecast of 'The Big Bull' film before its release last year.

While the movie was slated for theatrical release on 8th April, 2021, the suit was filed on 22nd March 2021 seeking an injunction blocking various rogue websites.

Justice Pratibha M Singh, who decreed the suit after observing that it has served the purpose, ordered thus:

"Considering the nature of the present suit that was intended to protect the Plaintiff's investment in the film 'The Big Bull' and to ensure that no unauthorised online telecast of the film takes place, the suit has served its purpose. All the rogue websites have been blocked and domain names have also been de-activated."

Briefly, the facts of the case are that the Plaintiff, Novi Digital Entertainment Pvt. Ltd., which operates the online video streaming platform Hotstar as well as the mobile application 'Disney+ Hotstar', filed the present suit. As per the Plaintiff, the platforms offer 80,000 hours of copyrighted content comprising of dramas and movies in 8 languages including every major sporting event covered live/deferred.

The suit in question related to the cinematograph film 'The Big Bull', of which the Plaintiff had exclusive digital and theatrical rights. The said movie relates to the biographical crime plot of stock broker Harshad Mehta and the stock market scam in 1992.

The first owner of the copyright of the movie under Section 17 of the Copyright Act, 1957, Ajay Devgn Films LLP, exclusively assigned the digital (internet, on demand) rights, theatrical rights and ancillary rights to the plaintiff. The film was slated for theatrical release on 8th April, 2021. In order to protect against the illegal and unauthorized communication of the film, the present suit was filed seeking an injunction blocking various rogue websites. Accordingly, rogue websites were impleaded as Defendants in the suit. Interim orders were sought for blocking of the rogue websites and also blocking of the domain names/websites which were apprehended to unauthorisedly telecast the film.

The court granted an ex-parte ad interim injunction as per the prayer. Further, the Department of Telecommunications and Ministry of Electronics and Information Technology were called upon to issue appropriate directions to various internet service providers to block access to rogue websites. 

As a consequence, none of the Defendants i.e., the rogue websites entered the appearance and the film was theatrically exhibited. Accordingly, the Joint Registrar held that the defendants' right to file written statement /reply to interim application stands closed. 

The court opined that considering the nature of the present suit that was intended to protect the Plaintiff's investment in the film 'The Big Bull' and to ensure that no unauthorised online telecast of the film takes place, the suit has served its purpose. All the rogue websites had been blocked and domain names had also been de-activated. Under these circumstances, the court stated that the suit was liable to be decreed. Accordingly, the suit was decreed. 

CASE TITLE: NOVI DIGITAL ENTERTAINMENT PVT. LTD. v. W1.123MOVIES11.COM & ORS.

Citation: 2022 LiveLaw (Del) 699

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