Title: Viacom18 Media Private Limited v. BiggBos.Live & Ors.
Citation: CS(COMM) 730/2023, I.A. 20182/2023, 20183/2023, 20184/2023,
20185/2023
Decide on: 12.10.2023
Coram: Justice Pratibha M. Singh
Introduction
Injunction was granted by Delhi High Court against domain names/ websites, illegally streaming Big Boss without permission as the exclusive cinematographic rights and broadcast reproduction rights is vested with Viacom18 Media Private Limited. Justice Pratibha M. Singh while granting injunction also stated that the balance of convenience lies in favour of Viacom18 Media Private Limited because irreparable loss/ harm will be caused to Viacom18 Media Private Limited if the defendants are not restrained from illegal and unauthorized telecasting, broadcasting of the show Bigg Boss.
Facts of the case
Viacom18 Media Private Limited, the plaintiff in this case is a leading broadcaster. They have filed this present suit in order to seek protection of broadcasting and reproducing rights against the websites illegally streaming the popular show Big Boss. Bigg Boss is a reality television show based on the format of Big Brother, an international Dutch show. The rights of Big brother are vested with M/s Endemol Shine IP BV. The plaintiff has obtained the format rights for this programme from M/s Endemol Shine IP BV and has the exclusive license for the format of Big Boss. Big boss has been streaming in India since 2008.
The defendants are some websites/ domain names who have been broadcasting Big Boss without any authorization or license. The domain names of defendants are also registered under the name of Bigg Boss. The defendants stream Bigg Boss through Video-On-Demand (VOD), wherein the users are required to first register and then subscribe and /or make payment to access the unauthorized content.
The plaintiff apprehends that such streaming by the defendants will case huge monetary losses to the plaintiff. Therefore, they approached this court in order to seek injunction against the defendants.
Court’s observation and analysis
The Delhi High court while granting injunction against the defendant websites, held that the case of the plaintiff was prima facie case of ex parte injunction. As the exclusive broadcasting and reproducing rights of Big Boss were vested with the plaintiff, the unauthorized streaming of the same by the defendant websites were illegal in nature. Further the court went on to say that the balance of convenience would lie in favour of the plaintiff because if injunction is not granted against the defendant, it would result in irreparable loss/ harm to the plaintiff. The court also ordered to suspend the domain names of the said websites.
Further an application under Order 1 Rule 10 CPC, 1908 can be filed by the plaintiff, in case they come across any other websites that is illegally streaming Big Boss by impleading those websites in the application. The present injunction will extend to those websites as well.
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Written by- Amrita Rout
