The Bombay High Court dismissed a Public Interest Litigation (PIL) seeking stricter regulations to curb ticket scalping and black marketing of event tickets, particularly in light of the widespread controversy surrounding Coldplay’s upcoming concert in Mumbai. A division bench comprising Chief Justice D.K. Upadhyaya and Justice Amit Borkar ruled that the issues raised in the PIL pertain to policy and legislative decisions, which fall squarely within the executive’s domain and are beyond the judiciary’s purview.
The PIL was filed by Amit Vyas, founder-partner at Vertices Partners, in response to complaints of rampant ticket scalping for Coldplay concerts scheduled for January 18, 19, and 21, 2025. Tickets for the concert, released on September 22, 2024, via BookMyShow, were sold out within 30 minutes, only to resurface on secondary platforms like Viagogo at prices 30 to 40 times higher. Many users alleged being logged out during the purchase process, fuelling suspicions of unethical practices, including the use of bots and the potential involvement of event organizers in secondary sales.
Court’s Observations
The court emphasized that addressing the problem of ticket scalping requires legislative intervention and regulatory measures by the state. “You are inviting us to enter the policymaking domain. We have a well-defined ambit, and this matter belongs to the domain of the executive and legislature,” Chief Justice Upadhyaya remarked during the hearings.
While dismissing the PIL, the court clarified that Vyas is not precluded from approaching the competent authorities with his grievances. The bench further assured that law enforcement agencies, including the Economic Offenses Wing (EOW), are adequately empowered to act against black-market practices without external interference. Vyas had earlier argued that parties involved in ticket sales were not cooperating with ongoing investigations.
The Core Allegations
The PIL alleged that the lack of regulatory oversight has allowed for widespread exploitation of consumers and government resources. Ticket scalpers are believed to use advanced technology, including bots and botnets, to purchase tickets in bulk, bypassing purchase restrictions on platforms like BookMyShow. These bots often deploy multiple IP addresses and identities, enabling scalpers to secure a disproportionate share of tickets before genuine fans have a chance.
According to Vyas, this unregulated environment not only violates consumer protection laws but also undermines fundamental rights, such as equality in access to public resources and entertainment. Furthermore, the petition argued that black marketing of tickets results in revenue loss for the government, as resellers profit at inflated prices without adhering to tax norms.
Proposed Solutions in the PIL
One can propose the formation of an expert committee, chaired by a retired judge and supported by cyber and consumer law experts, to study and recommend regulatory measures for the online ticketing ecosystem. The PIL also sought clear guidelines mandating transparency in ticket sales, capping resale prices, and implementing stringent penalties for unethical practices, including the use of bots and the involvement of organizers in secondary market exploitation.
The petition highlighted international practices, such as the Anti-Ticket Scalping Act in New York, which regulates resale prices, and similar measures in the UK and Australia aimed at combating unauthorized resales. The PIL argued for adopting comparable safeguards to protect Indian consumers from predatory ticketing practices.
Legal Complexity of Ticket Scalping
The issue of ticket scalping touches on several legal domains, including consumer protection, cyber law, and entertainment law. Under Indian law, scalping may potentially violate the Consumer Protection Act, 2019, which prohibits unfair trade practices, and the Information Technology Act, 2000, if bots are deployed to manipulate sales. Additionally, resale at inflated prices could breach sections of tax law due to undeclared revenue streams.
The PIL further cited constitutional grounds, asserting that ticket scalping undermines the principle of equality guaranteed under Article 14 and infringes upon citizens’ right to freely access public entertainment under Article 19(1)(a). While these arguments are novel, they also underline the complexities involved in framing a cohesive legal framework to address such multifaceted issues.
Public and Industry Response
The controversy has drawn significant public ire, with fans accusing platforms like BookMyShow and organizers like Live Nation of failing to safeguard consumer interests. In response, BookMyShow filed an FIR against unknown individuals allegedly involved in unethical ticket purchases and announced its intent to cancel fraudulently acquired tickets.
The music industry, however, remains divided. Critics argue that stringent resale restrictions could limit market flexibility and increase administrative burdens. Proponents of regulation contend that unchecked practices erode consumer trust and deter fans from engaging with legitimate platforms.
Judiciary’s Role vs. Executive Responsibility
By dismissing the PIL, the Bombay High Court reiterated the judiciary’s limited role in policymaking. However, it also emphasized the petitioner’s right to pursue the matter with the state government. This judgment highlights the broader debate over the judiciary’s intervention in legislative gaps and its balancing act between enforcing rights and respecting the separation of powers.
In conclusion the dismissal of the PIL underscores the urgent need for legislative and executive action to regulate the burgeoning issue of ticket scalping in India’s entertainment industry. With the Coldplay controversy serving as a wake-up call, policymakers must prioritize transparency and consumer protection in event ticketing to prevent similar disputes in the future. Until then, consumers remain vulnerable to exploitation, caught between technological loopholes and regulatory inertia.
Author: Apoorva Lamba, 2nd Year LLB. Student of Madhav Mahavidyalaya, Jiwaji University, Gwalior
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Link to Bombay High Court’s judgement in this case: https://bombayhighcourt.nic.in/generatenewauth.php?bhcpar=cGF0aD0uL3dyaXRlcmVhZGRhdGEvZGF0YS9qdWRnZW1lbnRzLzIwMjUvJmZuYW1lPTI2NjgwMDAwMDg5MjAyNF8yLnBkZiZzbWZsYWc9TiZyanVkZGF0ZT0mdXBsb2FkZHQ9MTUvMDEvMjAyNSZzcGFzc3BocmFzZT0xNjAxMjUxMjA4NTUmbmNpdGF0aW9uPTIwMjU6QkhDLU9TOjU5NS1EQiZzbWNpdGF0aW9uPSZkaWdjZXJ0ZmxnPVkmaW50ZXJmYWNlPU8=
