Madras High Court Grants Pre-Release Anti-Piracy Injunction To Protect ‘Mardaani 3’
Madras High Court Grants Pre-Release Anti-Piracy Injunction To Protect ‘Mardaani 3’
Introduction
The Madras High Court has granted ad-interim anti-piracy protection to the upcoming Hindi feature film Mardaani 3, restraining unauthorised broadcast, transmission or dissemination of the film prior to and after its theatrical release. The Court recognised the high risk of irreversible harm caused by pre-release piracy and sought to balance the interests of copyright holders and intermediaries.
Factual Background
Mardaani 3 is the third instalment in the Mardaani film franchise and stars actor Rani Mukerji in the role of a police officer, a character she portrayed in the earlier films released in 2014 and 2019. The film is directed by Abhiraj Minawala and is scheduled for theatrical release on January 30, 2026.
The producer of the film, Yashraj Films, apprehended that the movie could be illegally broadcast or circulated through cable television networks, internet service providers (ISPs), or online platforms, causing substantial loss to its copyright and commercial exploitation.
Procedural Background
Yashraj Films approached the Madras High Court by filing a civil suit seeking an ad-interim injunction against unauthorised broadcast, transmission or dissemination of the film. The plea was directed against internet service providers and cable television operators, including BSNL, to prevent piracy at the pre-release stage.
Issues
1. Whether the producer had made out a case for grant of an ad-interim anti-piracy injunction before the film’s release.
2. Whether such an injunction could adversely affect the legitimate business interests of intermediaries and service providers.
Contentions Of The Parties
The producer contended that films are highly vulnerable to piracy at the pre-release stage and that any unauthorised dissemination would cause irreversible financial and reputational damage. It was argued that once pirated copies enter the public domain, the loss cannot be undone even if the producer ultimately succeeds in the suit.
While considering the scope of relief, the Court was also conscious that wide-ranging anti-piracy orders may potentially disrupt the lawful operations of intermediaries such as ISPs and cable operators.
Reasoning And Analysis
Justice Senthilkumar Ramamoorthy observed that in cases involving pre-release piracy, denial of immediate protection could result in irreparable injury to copyright holders. The Court noted that unauthorised broadcast or online circulation at this stage could permanently undermine the economic value of the film.
At the same time, the Court acknowledged that anti-piracy injunctions are expansive in nature and may affect legitimate business activities of intermediaries. To strike a balance, the Court held that the injunction should operate subject to safeguards protecting service providers from unwarranted losses.
Accordingly, the Court directed that the injunction would be effective only upon the producer furnishing an indemnity in favour of the respondents, covering any legitimate business losses arising from the operation of the order.
Decision
The Madras High Court granted an ad-interim injunction restraining internet service providers and cable television operators from unauthorised broadcast, transmission or dissemination of Mardaani 3. The injunction was made conditional upon the producer furnishing an indemnity to safeguard the interests of the respondents.
The order reinforces the judiciary’s consistent approach in granting pre-release anti-piracy protection while ensuring that the rights of intermediaries are not unfairly prejudiced.
