The Delhi High Court on Wednesday, granted relief in Interim Applications filed by Star India Pvt. Ltd. & Anr. against Jackstremas.com & Ors. in a suit filed for website blocking for alleged illegal and unlawful activities of the defendant websites.
The suit pertains to the communication to the public of Dream 11 India Premiere League, 2020, by the defendants for which the plaintiffs have claimed exclusive television, mobile, internet and mobile activation rights worldwide.
The counsel for the plaintiff argued that, the defendant websites are all rogue sites which are registered and lie dormant only to become alive whenever there is a sporting event.
They are all servers located outside India which become alive during the course of the match and begin to stream. The plaintiff argued that the exclusive broadcasting rights are bought for high considerations hence to be able to broadcast such matches exclusively is the only avenue of monetizing these rights.
With the persisting economic strain on broadcasting industry due to lack of advertising revenue it was critical for the plaintiffs to be able to make up in terms of subscription and advertising revenue for which being able to retain exclusivity in broadcasting to retain viewership was necessary. It was also pointed out by the advocate for the plaintiff that, these broadcasting rights have a limited shelf-life and hence such injunction was necessary to protect the interest of the plaintiffs.
In the light of the above arguments Justice Mukta Gupta, has granted an ex-parte ad-interim injunction against the defendants restraining them from communicating, streaming, hosting or making available for viewing or downloading in any manner without authorization, of the Dream 11 Indian Premiere League, 2020 and contents related thereto.
The court was satisfied that a prima facie case was made out by the plaintiff whereby the balance of convenience was in their favour and if no injunction was granted, the plaintiff was likely to suffer irreparable loss. The court has also passed an order to block access to these websites within 72 hours of the receipt of order of the court.
The plaintiffs were represented by Advocates Saikrishna Rajagopal, Sidharth Chopra, Yatinder Garg and Vivek Ayyagari.