Delhi HC directs WhatsApp to suspend services circulating pirated copies of Radhe
The Court has also directed the country’s leading Telecom Operators - Airtel, Jio and Vodafone to disclose subscriber details of the offenders with ZEE to initiate further legal action against them
Delhi High Court in its official order has restrained WhatsApp users from circulating the film Radhe- Your Most Wanted Bhai on the messaging platform or any other platform.
The court has also directed WhatsApp to suspend services to the numbers that are being used to sell pirated copies of the film.
Zee Entertainment Enterprises Ltd (ZEEL)- the plaintiff has filed the instant suit for permanent injunction, rendition of accounts, and damages for the infringement of the plaintiff’s exclusive license and exploitation rights in the cinematograph film Radhe: Your Most Wanted Bhai.
As stated in the plaint, the Plaintiff is the exclusive licensee and holder of various exploitation rights including theatrical rights, satellite rights, On-Demand Rights, etc. in and to the film, including, inter alia, the exclusive right to distribute/ exhibit/release the film and/or make the film available to the public through theatrical, internet, digital and online streaming platforms/OTT platforms, Transactional Video On Demand (TVOD), etc.
The film was released on May 13, 2021, on Plaintiff’s digital entertainment streaming service Zee 5 for public viewing on a pay-per-view basis.
The court said that Plaintiff received information that the film was a victim of rampant piracy through social media platforms, including the messaging service ‘WhatsApp’. The Plaintiff became aware that several infringing/illegal copies of the film and also various video clips thereof have been made/created/stored and are being unlawfully copied, stored, reproduced, transmitted, circulated, shared, sold, and/or being made available for illegal and unauthorized viewing, download and storage to the public at large by individuals on several social media platforms, including WhatsApp.
The court also mentioned that Plaintiff has established a prima facie case in its favour. The balance of convenience also lies in favour of the Plaintiff and an irreparable loss would be caused to the Plaintiff, in case an ex-parte interim injunction is not granted.
The Court has also directed the country’s leading Telecom Operators - Airtel, Jio and Vodafone to disclose subscriber details of the offenders with ZEE to initiate further legal action against them.
