The Delhi High Court has denied to stay the release of the web series Tribhuvan Mishra CA Topper, which is set to be streamed on Netflix.
A single bench of Justice Navin Chawla stated, “In my prima facie view, I do not find the trailer to be referring to the profession of chartered accounting in any manner.” He further explained, “It is a series that appears to be more in the genre of comedy and merely describes the main character as a topper in the Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy or the toppers or rank holders in the examination conducted by the ICAI. Artistic expression, even in the form of commercial speech, cannot be curtailed on the basis of an oversensitive approach.”
However, the court issued notice to all defendants and directed them to file their replies within four weeks.
The plaintiffs, including the Institute of Chartered Accountants of India (ICAI) and others, argued in their suit that the trailer for Tribhuvan Mishra CA Topper, released on July 10, 2024, and announcing streaming on Netflix from July 18, 2024, depicts the profession of chartered accounting in an extremely vulgar and derogatory manner. They claim that the trailer portrays chartered accountants in a scandalous light, violating their constitutional rights. The ICAI has reportedly received emails objecting to the trailer’s content, which includes unwarranted innuendos about the profession.
The plaintiffs specifically objected to the reference in the trailer to “debit and credit with reference to sexual services offered,” arguing that it is derogatory to the profession. Their lawyers contended that such depiction is bound to defame both the profession and the examination toppers.
On the other hand, counsel for Netflix and other defendants argued that the web series is entirely fictional and that a disclaimer at the start of the series explicitly states that it has no reference to any real individuals, living or dead. A Netflix lawyer also mentioned that, without prejudice to their rights and contentions, Netflix will add a disclaimer within five days stating that the series does not refer to any profession.
