The Hon’ble High Court of New Delhi vide order dated 27.07.2020 directed the Internet Service Providers to block a list of 118 ‘rogue websites’ which are illegally streaming Disney cartoons.
The present order was passed in response to a suit filed by Disney Enterprises, Inc. and others accusing certain rogue websites of enabling the down-streaming of their creative work which includes films and other entertainment programmes, without requisite licenses, and thereby indulging in digital piracy. The Plaintiff therefore prayed to the Hon’ble High Court to pass suitable orders to protect the copyright of their creative content.
The Plaintiffs constitute companies incorporated in various states of the United States of America., involved in the business of creation, production and distribution of motion pictures/cinematograph films.
A total number of 118 rogue websites were enlisted by the Plaintiffs that have been airing their creative content without the requisite license. Apart from the aforesaid websites, the Plaintiffs also impleaded the Internet Service Providers as well as the Department of Telecommunication, Ministry of Electronics & IT to the present suit in order to ensure that these websites are blocked from showing the copyrighted content without a licence.
After taking note of the merits of the present matter, Justice Rajiv Shakhder agreed to the fact that the creative content of the Plaintiffs were not protected and the same may lead to irreparable damage to them.
Holding that the aforementioned rogue websites streaming the creative work of the Plaintiffs illegally amounted to digital piracy, the Hon’ble High Court passed the following directions:
- Restrain the rogue websites from hosting, streamlining, reproducing, distributing, making available to the public and/or communicating to the public or facilitating the same on their websites through the internet any cinematograph work, content, programme and show in which the Plaintiffs have copyright.
- The directions would also apply to all other websites having their roots in the websites of Defendant no. 1 to 37.
- Directions to be issued by the Department of Telecommunications and Ministry of Electronics and Information Technology calling upon various Internet Service Providers , in general, to block access to the websites of Defendant nos. 1 to 37 as also qua mirror/redirect/alphanumeric websites of the said Defendants.
- The Plaintiffs may also file an application under Order I Rule 10 of the Civil Procedure Code 1908 to array other rogue websites streaming their creative content illegally even after the issuance of the present interim order.
The present matter was then directed to be re notified on 01.09.2020.