Dynamic injunctions against Internet intermediaries: An overview of emerging trends in India and Singapore

Abstract

The courts generally resort to website blocking injunctions to protect the rights of the content creators from digital piracy. However, merely disabling access to infringing websites does not necessarily ensure protection of copyright as there are dynamic ways of accessing an online location. The courts, therefore, have sought to develop new mechanisms to counter the menace of digital piracy. Recently, the Delhi High Court granted India's first dynamic injunction against Internet intermediaries to combat digital piracy in cinematographic works. A dynamic injunction would allow a plaintiff to extend the main injunction order against mirror websites providing access to the flagrantly infringing online locations that were the subject of the main injunction. This note primarily aims to analyse the concept of dynamic injunctions. The author examines and compares the Indian position to that in Singapore to highlight the different trends that have emerged with respect to dynamic injunction. The principal conclusion is that, despite the near similarities of the dynamic injunctions issued by the courts in the two countries, the dynamic injunction issued by the Indian court seeks to effectively protect the rights of the website operators as it affords constant judicial supervision.