Online Piracy Erodes the Soul of Creativity – Delhi High Court Grants Dynamic Injunction to Protect Mohan Babu’s Film ‘Kannappa’

“Balance of Convenience Lies in Favour of the Plaintiff… Irreparable Harm Will Be Caused If Infringing Content Is Not Taken Down Immediately” – In a significant ruling  Delhi High Court (Justice Jyoti Singh) granted a dynamic ex parte injunction against online piracy of the upcoming cinematic release Kannappa, produced by veteran actor and filmmaker Dr. M. Mohan Babu. The order was passed in CS (COMM) No. 713 of 2025, filed by Twenty-Four Frames Factory Pvt. Ltd., seeking immediate take-down of pirated content from platforms like Facebook, Instagram, and X (formerly Twitter).

Invoking Order 39 Rules 1 and 2 CPC, Section 151 CPC, and the Information Technology Rules, 2021, the Court directed Meta Platforms Inc. and X Corp. to disable and take down over 1776 infringing URLs, citing prima facie copyright infringement, massive financial investment, and risk of irreparable damage to the Plaintiff’s commercial and reputational interests.

“The Plaintiff has made out a prima facie case… balance of convenience lies in its favour, and it is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.” — Justice Jyoti Singh, Para 31

Piracy Threatens the Commercial Sanctity of a Major Cinematic Release

The Plaintiff, Twenty-Four Frames Factory Pvt. Ltd., is a film production house founded by Dr. M. Mohan Babu, producing high-quality cinematic films including the ambitious mythological epic Kannappa, based on the spiritual journey of a devotee of Lord Shiva.

According to the Plaintiff, the film — involving major actors, advanced graphic technology, and extensive investment — had already been licensed to multiple distributors and aggregators. However, even before its full commercial rollout, unauthorised streaming and sharing of the film had erupted across rogue websites and social media platforms.

“An anti-piracy agency engaged by the Plaintiff detected 1776 infringing URLs on Meta platforms alone, but only 191 have been removed to date.” — Plaint Counsel Submission, Para 29

The Plaintiff argued that this rampant piracy not only jeopardises contractual obligations with legitimate licensees but also causes irreparable harm to its financial and creative interests. In view of the scale, speed, and virality of digital piracy, an urgent dynamic injunction was sought.

“Prima Facie Case Established Under Copyright Law” – Court Applies Section 14(d) of the Copyright Act

The Court accepted that the Plaintiff, being the producer of the film, was the owner of the copyright under Section 13(b) and Section 14(d) of the Copyright Act, 1957, granting it exclusive rights to exploit the cinematographic work.

Justice Singh noted that the Plaintiff had invested considerable capital and creative resources, and that unauthorised distribution — particularly at the digital stage — would result in unrecoverable losses.

Dynamic Injunction Granted – Platforms Ordered to Takedown Pirated Links

Invoking its equitable jurisdiction under Order XXXIX Rules 1 and 2 CPC and Section 151, the Court directed the following:

“Defendant No. 2/Meta Platforms Inc. is directed to take down and disable the URLs hosting the infringing videos on Instagram and Facebook (mentioned at pages 176 to 212), and Defendant No. 4/X Corp. shall take down and disable the URL mentioned at page 213, in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.” — Para 32

The Court added that the Plaintiff shall comply with procedural requirements under Order XXXIX Rule 3 CPC in relation to Defendant No. 4/X Corp. within one week.

This order strengthens the evolving jurisprudence around “dynamic injunctions” — where courts issue flexible relief against future or unknown infringers once present infringement is established.

Exemption from Pre-Institution Mediation Granted Due to Urgency

The Court also granted exemption from pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015, citing urgency and relying on precedent.

“Having regard to the facts of the present case wherein urgent relief is prayed, and in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi… exemption is granted to the Plaintiff.” — Para 2

This ensures that Plaintiffs seeking time-sensitive copyright protection can bypass the delay of pre-suit mediation in exceptional cases.

Other Procedural Directions – Court Fee Extension, Summons, and Written Statements

Recognizing procedural challenges, the Court also granted:

• Four weeks’ time to the Plaintiff to file court fees.

• Exemption from advance notice to unserved Defendants.

• Permission to delete Defendant No. 3 from the array of parties.

Summons were issued to the remaining Defendants, with directions for filing of written statements and replications within statutory timeframes. The matter is now returnable before the Joint Registrar on 26.09.2025.

Judicial Pushback Against Online Piracy Gains Momentum

This judgment highlights the increasing judicial resolve to tackle online piracy, especially in the context of high-value, IP-intensive film productions. With over 1776 pirated links flagged and creative rights at stake, the Delhi High Court’s intervention sets a strong precedent on the timely enforcement of copyright law in the digital ecosystem.

“Unauthorized streaming and sharing of content cause irreparable harm to Plaintiff’s commercial and reputational interests.” — Para 31

The ruling also reinforces that social media platforms and intermediaries cannot remain passive hosts when faced with clear evidence of infringement. The order affirms that legal obligations under the IT Rules, 2021 must be scrupulously followed.

Date of Decision: 21 July 2025