Delhi High Court: In an application moved by Red Chillies Entertainment after identification of particular person’s indulgence in unauthorized circulation of copyrighted content of film ‘Jawan’ through WhatsApp, seeking extension of directions in the interim order dated 25-04-2023 to the said person as well as Meta Platforms controlling WhatsApp regarding disablement of specific chat groups within India and beyond, Telegram accounts/groups/channels, and other non-compliant websites infringing their rights, C. Hari Shankar, J. issued several directions for Meta Platforms, Telegram and other websites to prevent infringement of copyright related to the cinematographic film ‘Jawan’.
The High Court vide order dated 25-04-2023 had restrained the defendants and all others acting on their behalf from copying, recording, reproducing, allowing recording, transmitting, communicating or making available for distribution, duplication, display or release, exhibiting or playing in any manner, any stills, audio/video clips, songs, recordings or other proprietary information relating to the cinematographic film “Jawan” in the absence of a proper license.
The Court allowed the instant application and passed directions restraining that particularly identified person from copying, recording, reproducing, allowing recording, transmitting, communicating or making available for distribution, duplication, display or release, exhibiting or playing in any manner, any stills, audio/video clips, songs, recordings or other proprietary information relating to the cinematographic film ‘Jawan’ or any part of the same through any medium without a proper license from Red Chillies Entertainment. He was further directed to take down any content infringing the copyright related to ‘Jawan’ from all social media accounts including WhatsApp, Facebook, Instagram and Telegram or any other website accessed or operated by him.
The Court further directed Meta Platforms to suspend WhatsApp account of the identified person linked to his mobile number, and forthwith block access to any content on his Facebook page and Instagram handle, which infringed ‘Jawan’ movie’s copyright, and suspend/deactivate specific WhatsApp groups.
In addition, the Court directed Meta Platforms and several other platforms to disclose the Basic Subscriber Information, including IP addresses, usernames, registered email IDs, phone numbers and other relevant details of the holder of the identified person’s phone number and details of the administrator of the WhatsApp groups identified by the Red Chillies Entertainment. Several specific directions on similar lines were issued against Telegram, owners/controllers of identified websites and others to protect copyright infringement to desist from unauthorised copying, transmission, communication or making available any content holding Red Chillies Entertainment’s copyright related to the film ‘Jawan’.
The Court required compliance with Order XXXIX Rule 3 of the Civil Procedure Code, 1908 to come into effect within 10 days.
[Red Chillies Entertainments Pvt Ltd v. Ashok Kumar/John Doe, 2023 SCC OnLine Del 5857, Order dated 19-09-2023]
Advocates who appeared in this case :
For Plaintiff: Senior Advocate Rajshekhar Rao, Advocate Nizamuddin Pasha, Advocate Parag Khandhar, Advocate Chandrima Mitra, Advocate Sidharth Kaushik, Advocate Krishan Kumar, Advocate Shivendra Pandey
For Defendants: Advocate Aadhar Nautiyal, Advocate Deepak Gogia, Advocate Saransh Jain, Advocate Sneha Dey, Advocate Anushka Sharda, Advocate Madhav Khosla
