UTV Software Communications Ltd. v. 1337X.TO
Case Law- Country
- Country Location
Latitude: 23.078537445745496
Longitude: 78.60363571015989
- Country Location (Lié Case Law)
- India
- Decision Date
- 10 avr. 2019
- Case Status
- Affaire Résolue
- Case Outcome (Procedural)
- Motion Granted
- Case Outcome (Disposition)
- Injunction or Order Granted
- Keywords
- Copyright
- Intermediary Liability
- Judicial Body
- Appellate Court
- Case Number
- CS(COMM) 724/2017
- Case Summary
The Delhi High Court in an ex-parte decision has issued the first dynamic injunction in India where the injunction holder can use the court order to block content infringing websites instead of filing separate suits in each instance of infringement. The relief comes in a suit where injunction was sought against certain ‘rogue websites’ which communicated to the public pirated versions of cinematograph films. The Court held the defendant websites guilty of hosting copyright infringing content and that the websites could neither avail any exemption under the Indian Copyright Act, 1957 nor under the safe harbour principle applicable to intermediaries under the Information Technology Act, 2000 The Court also directed the Ministry of Electronics and Information Technology (“MeITY”) and the Department of Telecommunications (“DoT”) to explore the possibility of framing a technologically feasible policy under which a warning may be issued to content infringing viewers. Section 79 of the Information Technology Act, 2000 provides for intermediary liability and safe harbour exemptions to intermediaries.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Columbia Global Freedom of Expression