Delhi High Court: Copyright holders cannot unilaterally order website blocks

The Delhi High Court has ruled that internet service providers (ISPs) and domain name registrars (DNRs) cannot unilaterally determine and block "rogue websites" at the request of copyright holders. Their role is limited to technically verifying if a newly identified website is a mirror, redirect, or alphanumeric version of an already blocked site.

The decision came on July 27 in a copyright suit filed by Home Box Office (HBO) and others against 30 alleged piracy websites. The plaintiffs claimed these websites illegally hosted and streamed their content, sometimes even before official release, and sought court orders to block access.

Justice Anup Jairam Bhambhani found the defendant websites to be prima facie infringing, noting they masked ownership and hosted unlicensed content. While granting an ad-interim injunction against the identified sites, the court established a process for handling future mirror websites.

The court stated that ISPs and DNRs are neutral intermediaries and are not equipped or authorized to adjudicate which website is "rogue." It cautioned that copyright holders cannot "assume unto themselves the authority to identify and disable websites." ISPs or DNRs can only enforce an injunction as a pro-tem measure after technically verifying that a new website mirrors an already injuncted one.

Ultimately, the decision to block websites rests with the judiciary. Any blocking by an ISP or DNR is temporary, and intermediaries can approach the court if they object to a blocking request.