The entertainment industry has several issues demanding attention- piracy, theft of signals, illegal downloading being a few to name.  The recent case of M.S.M. Satellite Singapore Pvt Ltd. v Star Cable Network & Others [F.A.O. (OS) 211/2010], Delhi High Court in its order dated May 25 2010, addressed the issue of illegal downloads of television signals.. The M.S.M. Satellite had a wholly- owned-subsidiary Multi Screen Media Pvt. Ltd., which in turn had a distributor M.S.M. Discovery Pvt. Ltd., having the exclusive distribution rights over the popular Sony Set Max Channel in India.  MSM Satellite had acquired “entertainment software” for distributing and broadcasting signals of channels such as Sony Entertainment (Max and SAB) and had also signed a contract with BCCI for exclusive broadcast rights for IPL 2010.

M.S.M Satellite contended that Star Cable Network & other co-parties without obtaining necessary permission from M.S.M Satellite as per the provisions of the Cable Television Networks (Regulation) Act, 1995, were engaged in downloading M.S.M Satellite’s signals and distributing the same through their network channels to various individuals.  With this grievance they sought a permanent as well as an ex-parte ad-interim injunction to prevent the Star Cable Network & Others from downloading and distributing/broadcasting the signals of Sony Set Max channel and also contended that Star Cable Network & Other required a license which they do not have to capture, decrypt and transmit/broadcast the M.S.M’s signal.

M.S.M Satellite brought to the notice of the High Court that a Commission was to be executed, which was pending. Further they stated it was difficult to do so unless a person wielding considerable authority is made the Commissioner, for the execution often required assistance from local administration.

The Court held that since the matter was still pending before the Single Judge, therefore, the appeal could be disposed of by issuing appropriate directions and clarifying that opposition by Star Cable Network s could be brought before the Single Judge by either an application or a reply to the application filed by M.S.M Satellite for interim relief.

The Court allowed the interim injunction sought by M.S.M Satellite. Following the Single Judge’s orders, a Commission was  ordered to be executed to visit the premises of Star Cable Network & Others and/or any other during the live telecast of  IPL matches  and seize the receiving and transmitting devices, in case it is found that Star Cable Network had been undertaking unauthorized downloads. . The Commission was also mandated to take note of any telephone calls,  received by individuals making a grievance at the telephone installed at the Star Cable Network premises, pertaining to reception of signals. The Assistant and Joint Registrars at Delhi High Court were directed to set up this Commission and the SHO of the local police and judicial authorities requested  to render assistance to the same.

M.S.M Satellite brought to the notice of the High Court that a Commission was to be executed, which was pending. Further they stated it was difficult to do so unless a person wielding considerable authority is made the Commissioner, for the execution often required assistance from local administration.

The Court held that since the matter was still pending before the Single Judge, therefore, the appeal could be disposed of by issuing appropriate directions and clarifying that opposition by Star Cable Network s could be brought before the Single Judge by either an application or a reply to the application filed by M.S.M Satellite for interim relief.

The Court allowed the interim injunction sought by M.S.M Satellite. Following the Single Judge’s orders, a Commission was  ordered to be executed to visit the premises of Star Cable Network & Others and/or any other during the live telecast of  IPL matches  and seize the receiving and transmitting devices, in case it is found that Star Cable Network had been undertaking unauthorized downloads. . The Commission was also mandated to take note of any telephone calls,  received by individuals making a grievance at the telephone installed at the Star Cable Network premises, pertaining to reception of signals. The Assistant and Joint Registrars at Delhi High Court were directed to set up this Commission and the SHO of the local police and judicial authorities requested  to render assistance to the same.