High Court of Delhi Grants Injunction To Rogue Websites Infringing The Exclusive Right In Broadcasting And Telecasting ‘Bigg Boss’ Show
Title: VIACOM18 MEDIA PRIVATE LIMITED v. BIGGBOS.LIVE & ORS.
Decided on: 12th October 2023
CS(COMM) 730/2023, I.A. 20182/2023, 20183/2023, 20184/2023, 20185/2023
Coram: JUSTICE PRATHIBA M. SINGH
Introduction
The Delhi High Court has granted ex-parte injunction against illegal streaming of the reality show ‘Bigg Boss’. The order came to be passed in an application filed under Order 39 Rules 1 & 2 CPC by leading broadcaster Viacom18 Media Pvt. Ltd..
Facts of the Case
Viacom18 Media Private Limited is a leading broadcaster, who has filed a suit seeking protection of rights including reproduction rights in the programme ‘Bigg Boss’ in all formats, against Defendant Nos.1 to 5 who are the streaming and downloading websites. ‘Bigg Boss’ is a reality show, which is based on the format of international Dutch show ‘Big Brother’ in which the rights are owned by M/s Endemol Shine IP BV. The show revolves around a number of participants and their interpersonal relationships, who live isolated in a particular premise. The Plaintiff has obtained the format rights for this program from M/s Endemol Shine IP BV, for Bigg Boss Hindi seasons 17 and 18. Endemol Shine IP BV has given the exclusive license of the format to the Plaintiff for Bigg Boss Hindi seasons 17 and 18, scheduled to be broadcasted from 15th October, 2023 and Bigg Boss Kannada Seasons 10 to 12 as also Bigg Boss Marathi seasons 5 to 8. The Plaintiff broadcasts these programs on the television channels Colors and Colors Kannada as also on its OTT platform ‘JioCinema’.
The Plaintiff owns the rights in the format of the show having been licensed the same from M/s Endemol Shine IP BV. In addition, in the original broadcast, the Plaintiff owns the cinematographic rights as also the broadcast reproduction rights. The Defendants are currently running the websites wherein previous seasons and programs of Bigg Boss are being made available in an unauthorized and non-licensed manner for viewing. The domain name of the Defendants are also registered in the name of Bigg Boss. These Defendant websites work through the mode of Video-On-Demand (VOD), where users are required to first register and then subscribe and make payment to access the unauthorized content which is hosted, streamed etc. The websites are also advertising the next two seasons, which are going to be produced and telecasted on the Plaintiff’s platform, contending that the same would also be launched on these websites. The apprehension of the Plaintiff is that the Defendants are going to make a monetary dent on the Plaintiff’s business. Even permitting the recordings of the programs of the new seasons, which are yet to be launched on their platforms would cause gross violation of the copyrights of the Plaintiff and thus they have requested for the grant of injunction against the said domain websites.
Court Analysis and Decision
It is observed that the Bigg Boss program enjoys enormous popularity even in India and the unauthorized and illegal dissemination of the Bigg Boss programs would be clear infringement of the Plaintiff’s copyright of broadcast and reproduction rights. If such mushrooming of websites is permitted, it would boost piracy and unatuhorised dissemination causing heavy losses to the Plaintiff who have obtained the rights in the said programme after making considerable investment. The Plaintiff’s OTT channel Jio cinema is also a subscription platform and if the illegal websites are permitted to unauthorizedly telecast these programs, the subscription base of the Plaintiff is also likely to be jeopardized. Considering the overall facts Court was convinced that the Plaintiff has made out a prima facie case of ex- parte injunction. Irreparable loss will be caused to Plaintiff if the Defendants are not restrained from illegal and unauthorized broadcasting of the Plaintiff’s show BIGG BOSS. Accordingly, the Defendant Nos.1 to 5 are directed to refrain from broadcasting, telecasting, streaming, retransmitting and hosting any episodes of the Bigg Boss program, which have already been telecasted or which are likely to be telecasted in near future. The domain names of the websites (as Bigg Boss) shall be suspended immediately by the DNRs, to whom the Plaintiff would communicate the exact domain name details to the Grievance Officer of the said DNRs. The DoT- Defendant No.15 and MeitY- Defendant No.16 must issue blocking orders against the websites. If any further websites with the name Bigg Boss or any other websites telecasting illegally, an application can be filed impleading these websites as parties under Order 1 Rule 10 CPC, 1908, along with an affidavit before the Joint Registrar showing evidence that these are rogue websites infringing the Plaintiff’s exclusive right in broadcasting and telecasting Bigg Boss show. It was ordered that the injunction accordingly extended to those websites as well and such affidavit, domain names shall also be suspended. Court directed all ISPs to comply with the blocking orders and the DNRs to give details of the registrants of the impugned domain names.
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Written by- K R Bhuvanashri