A civil court in Maharashtra recently denied a application to restrain the broadcast of the teasers, trailers, and advertisements for Shah Rukh Khan’s film ‘Pathaan’, as well as the song ‘Besharam Rang’, on YouTube without a U/A censor certificate.
Civil Judge JD Patel, who presides over a Civil Court in Shrirampur, ruled that the plaintiff had failed to establish a prima facie case for such an injunction.
Furthermore, the Court stated that the plaintiff would suffer no loss if temporary relief is not granted.
The Court stated, “If the said relief is granted it is as good as the final relief. As a result, the requested relief cannot be granted. Furthermore, no prima facie case is established by the plaintiff’s claims. The plaintiff must present evidence to support his claim. If the application is rejected, the plaintiff will suffer no loss. Plaintiff has another option, the balance of convenience also does not lie in favour of plaintiff.”
A social worker filed an application after noticing that the U/A censor board certificate was not displayed on YouTube before the teasers, trailer, songs, and advertisements for the film Pathaan. The U/A certificate indicates that the film has been approved for unrestricted public exhibition for children under the age of twelve, subject to parental guidance.
The plaintiff argued that such publication without a U/A certificate resulted in loss to himself and society at large. He further contended that Rule 38 of the Cinematography Act makes it mandatory to show such a certificate.
However, the film’s production company argued that there was no need to display such a certificate when publishing an advertising for the film on internet on platforms such as YouTube or any OTT platform.
According to the Cinematography Act of 1953, the requirement of certification is limited to the theatrical description of the film or when the film is described in DVDs.
The Court denied the plaintiff’s application after considering these submissions in a February 8 order.
