Delhi HC grants interim relief to Disney Enterprises, directs various websites to take down ‘pirated content’

The Delhi High Court (“Delhi HC”) was hearing an application filed by the plaintiffs, i.e. Disney Enterprises (“Disney”) under Section 80 read with Section 151 of the Code of Civil Procedure (“CPC”), wherein Disney arrayed a bunch of allegedly ‘rogue’ websites which it alleged were allowing down-streaming of their copyrighted content, including films and other entertainment programmes of Disney, without availing requisite licenses. The Delhi HC viewed this action of the rogue websites as a ‘cause for concern’ and restrained them from hosting, stream-lining, etc., the creative work of the Disney Enterprises on their website, as a measure of interim relief.

Facts of the case

• Disney Enterprises constitute companies, which are incorporated in various states of the United States of America.
• Disney Enterprises are, inter alia, in the business of creation, production, and distribution of motion pictures and cinematograph films.
• Disney Enterprises were aggrieved by the fact that certain rogue websites were enabling the down-streaming of their creative work, which includes films and other entertainment programmes, albeit, without requisite licenses. 
• Disney Enterprises averred that they have the copyright in the content of their creative work and, hence their content needs to be protected from digital piracy.
• Disney Enterprises claimed this relief against 37 allegedly ‘rogue websites’, including:

1. Kimcartoon.to;
2. 123movieshub1.com; 
3. Cinebloom.org;
4. moviesjoy.pro;
5. moviesonlinewatch.com.pk; 
6. gogoanime.in;
7. Hdmovies.club;
8. Movies123.pro, to name a few.

Order of the High Court

The Delhi High Court observed that Disney Enterprises made a prima-facie case, hold the balance of convenience in their favor, and if they were not protected, then irreparable damage would be caused to their commercial and statutory interests. 

Therefore, the Delhi HC while viewing the action of the rogue websites, of indulging into the act of ‘digital piracy’ as a ‘cause for concern’, passed the orders granting interim relief to Disney Enterprise, thereby restricting the rogue websites from hosting, stream-lining, etc., the creative work of Disney Enterprises on their website.

Justice Rajiv Shakdher, made the following order:

“Therefore, I am inclined to issue the following interim directions to protect the interest of the plaintiffs (i.e. Disney Enterprises): 

(i) Defendant nos. 1 to 37 are restrained from, in any manner, 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 in any manner whatsoever, any cinematograph work, content, programme and show in which the plaintiffs have copyright. 

(i)(a) This injunction shall also operate in respect of the mirror/redirect/alphanumeric websites, which are put in play by defendant nos. 1 to 37 to grant access to the websites referred to in paragraph 7.3 hereinabove. 

(ii) Defendant nos. 38 to 46 are directed to block access to the websites of defendant nos. 1 to 37 as detailed out in paragraph 7.3 above. 

(ii)(a) This direction will also operate qua mirror/redirect/alphanumeric websites, which have their roots in the websites of defendant nos. 1 to 37 referred to in paragraph 7.3 above. 

(iii) Defendant nos. 47 and 48 shall issue necessary directions/notifications calling upon various ISPs, in general, to block cinematograph work, content, programme and show in which the plaintiffs have copyright. 

(i)(a) This injunction shall also operate in respect of the mirror/redirect/alphanumeric websites, which are put in play by defendant nos. 1 to 37 to grant access to the websites referred to in paragraph 7.3 hereinabove. 

(ii) Defendant nos. 38 to 46 are directed to block access to the websites of defendant nos. 1 to 37 as detailed out in paragraph 7.3 above. 

(ii)(a) This direction will also operate qua mirror/redirect/alphanumeric websites, which have their roots in the websites of defendant nos. 1 to 37 referred to in paragraph 7.3 above. 

(iii) Defendant nos. 47 and 48 shall issue necessary directions/notifications calling upon various ISPs, 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, which are referred to in paragraph 7.3 above.”

The HC also gave liberty to Disney Enterprises - the plaintiffs to file an application under Order I Rule 10 of the CPC, to array any other rogue websites as and when they are discovered after the issuance of the present interim order. 

The matter will come up for next hearing on September 01, 2020.