‘Dynamic Injunction’ Passed Against Illegal ICC World Cup Broadcast

October 6, 2023

The Delhi High Court has issued a restraining order against nine websites involved in the illegal broadcasting of the ICC Men’s Cricket World Cup 2023 matches. Despite the World Cup’s scheduled dates from October 5 to November 9 this year, the court has taken a preemptive stance by issuing a “dynamic injunction” in favor of the tournament’s broadcaster, Star India Private Limited.

Dynamic Injunction Explained

An injunction is a legal order issued by a court to prohibit specific actions. Traditionally, courts grant injunctions after identifying the work and confirming the plaintiff’s copyright.
Dynamic injunctions, however, are proactive measures taken by courts to protect copyrighted works even before their public release, distribution, or creation.
This approach prevents potential damage to authors and owners due to the imminent risk of their works being uploaded to rogue websites immediately after release, addressing the challenges posed by online piracy.

Past Instances of Dynamic Injunctions

The Delhi High Court has previously issued dynamic injunctions to safeguard copyrighted content from online piracy. These injunctions have been granted to protect the interests of creators and copyright holders.
In August, the court emphasized the need for dynamic injunctions, recognizing that rogue websites could quickly upload newly released films or series, causing significant monetary losses.
The case of “Universal City Studios LLC v. Dotmovies.baby 2023:DHC:584” in August 2023 saw the court granting dynamic injunctions to protect works generated during the case’s pendency and future creations.
The concept of dynamic injunctions was first introduced by the Delhi High Court in its 2019 ruling in “UTV vs. 1337x.to.”

Legal Basis: Section 37 of the Copyright Act

Section 37 of the Copyright Act deals with the “special right” extended to broadcasting organizations.
Section 37(2) outlines actions that constitute infringement of this right, including re-broadcasting, making sound or visual recordings, and selling or hiring such recordings without the owner’s license.
Exceptions to copyright infringement are detailed in Section 39, allowing for “fair dealing.”

Star India’s Plea

Star India Pvt. Ltd., holding exclusive rights from ICC, sought an injunction against the defendant websites based on their broadcast reproduction rights as defined in Section 37 of the Copyright Act.
Star India emphasized the rampant illegal communication and dissemination of major sporting events on the internet as a basis for its plea.

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