The Court has restrained private individuals from unauthorisedly storing, circulating, copying, selling, offering for sale or making available copies of the film on WhatsApp or any other platform.
The Delhi High Court has ordered WhatsApp to suspend all accounts that are illegally and unofficially distributing and selling pirated copies of the film ‘Radhe: Your Most Wanted Bhai.' (Tajendra Mpodi & Others vs. Zee Entertainment Enterprises)
Private individuals are also prohibited from unauthorised storing, reproducing, communicating, disseminating, distributing, copying, selling, offering for sale, or making copies of the film accessible on WhatsApp or any other website, according to the Court.
A single judge bench led by Justice Sanjeev Narula issued the interim order.
After learning that many infringing/illegal copies of the film, as well as various video clips, were being made, unlawfully copied, distributed, circulated, posted, sold, and so on for illegal and unauthorised viewing, download, and storage to the general public by individuals on several social media sites, including WhatsApp, Zee Entertainment (Plaintiff) filed a complaint with the High Court.
According to the Plaintiff, it was the film's sole licensee and holder of various exploitation privileges.The Plaintiff had also filed a complaint against identified and unknown persons with the Inspector General of Police, Maharashtra Cyber Digital Crime Unit, according to the Court.
The printouts of the infringing parties' WhatsApp messages showed that the account holders were selling pirated copies in exchange for payment, according to the Court.
"These messages clearly suggest that these particular accounts in question, are ex facie being used in complete violation of the terms of the policy of Defendant No. 9 and are infringing the copyright of the Plaintiff.", the Court observed.
It was therefore determined that the Plaintiff had built a prima facie argument in its favour, and that the balance of convenience also favours the Plaintiff because an irreparable loss would result if an ex-parte interim injunction was not issued.As a result, the Court ruled:
"Accordingly, till the next date of hearing, Defendant Nos. 1 to 8 and 13, their servants, agents, legal representatives, heirs and any other person acting for or on their behalf are restrained from unauthorizedly storing, reproducing, communicating, disseminating, circulating, copying, selling, offering for sale or making available copies of the film or any other portion thereof, through WhatsApp or any other means or modes, that may infringe the Plaintiff’s copyright in the film.
Senior Advocate Amit Sibal with Advocates Saikrishna Rajagopal, Sidharth Chopra, Sneha Jain, Thomas George, Savni D. Endlaw, Yatinder Garg, Snehima Jauhari, Sudarshana MJ, Rishabh Sharma, Saksham Dhingra, Aishvary Vikram appeared for the Plaintiff.
The Court has also ordered the Internet Service Providers to reveal the contact information for the private persons named in the plaint so that more measures can be taken to serve the summons.