A Maharashtra court has refused to grant a temporary injunction to one Suresh Patil seeking a restraint order against Yash Raj Films on showing the ‘Besharam Rang’ song in ‘Pathaan’ teaser on YouTube.
The court said no prima facie case was established by the plaintiff and said if the application was rejected then it would not cause any loss to the plaintiff.
The advocate for the plaintiff argued that as per the rule of censor board, before publishing advertisements in newspapers, holding, posters, trailers, and teasers, it is necessary to show U/A Certificate. However, before releasing the teaser and the song of ‘Pathaan’ on YouTube, the said certificate was not shown. Therefore, the loss is caused to the plaintiff and society at large.
The Advocate for the defendant raised an objection to the maintainability of the suit and argued that the application is based on misleading facts. He informed the court that there is no requirement to show the certificate while publishing the advertisement on any OTT platform.
Further, the requirement of certification in accordance with the Cinematography Act 1953 is limited to a theatrical description of the film and a video description via DVDs. Therefore, no certificate is to be displayed over internet platforms such as YouTube.
The court agreed with the contentions of the defendant and said the plaintiff had not satisfied the three conditions for the grant of temporary injunctions.
1. Prima facie case
2. Inconvenience to the plaintiff if relief is not granted
3. Person seeking injunction will suffer irreparable loss
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