Vidushi Vats
In a significant legal victory, the Delhi High Court has issued an ex-parte injunction against the illegal streaming of the immensely popular reality show ‘Bigg Boss’. This order was granted in response to an application filed under Order 39 Rules 1&2 CPC by Viacom18, a leading broadcaster.
‘Bigg Boss’, based on the Dutch show ‘Big Brother’ and produced by M/s Endemol Shine IP BV, has been a fixture in Indian television since 2008. Viacom18, which holds the rights to the show’s format, broadcasts it on television channels Colors and Colors Kannada, as well as its OTT platform ‘JioCinema’.
Viacom18’s case hinges on their ownership of cinematographic and broadcast reproduction rights in relation to the original broadcast. They have filed a case against five Video-on-Demand mode streaming and downloading websites, all of which have been illicitly showcasing previous seasons of ‘Bigg Boss’ and even advertising upcoming seasons. Notably, these websites are registered under the name ‘Bigg Boss’.
Recognizing Viacom18’s OTT platform as subscription-based and acknowledging the substantial investment made by the broadcaster to secure rights for ‘Big Boss’, the Court sided with Viacom18, granting them an ex-parte injunction. The Court expressed concern that allowing unauthorized websites to telecast ‘Bigg Boss’ would potentially harm Viacom18’s subscription base.
The Court emphasized, “If such mushrooming of websites, which also use the name Bigg Boss, is permitted, it would boost piracy and unauthorized dissemination causing heavy losses to the Plaintiff.”
The injunction prohibits the Defendants from broadcasting, telecasting, streaming, retransmitting, or hosting any ‘Bigg Boss’ episode, past or future. Additionally, the Court ordered the suspension and blocking of the Defendant-websites and their associated domain names.
Crucially, the Court extended the injunction to cover any website that Viacom18 may identify as using the name ‘Bigg Boss’ or engaging in the unauthorized telecast of Viacom18’s programs.
Advocates Mr. Sidharth Chopra, Mr. Yatinder Garg, Mr. Akshay Maloo, Ms. Srishti Dhoundiyal, and Mr. Priyansh Kohli represented Viacom18 in this landmark case.