INTRODUCTION
The great Greek philosopher, Heraclitus, often said, that if it were not for injustice, man would not know of justice. In the words of Alexandre Dumas 'Justice is a powerful and unrelenting force';1 and indeed, the profound last arrow in the quiver of remedies an aggrieved individual has a right to seek. On that note, we present to you, The Recap, capturing the media, entertainment, and gaming updates for the months of June & July 2023, with a special focus on cases in multiple courts which were of significance for the media & entertainment and gaming industries. Ranging from copyright infringement suits and pleas for judicial intervention, to arguments for and against recent gaming laws, we discuss how the courts have responded to these varied petitions.
We hope you enjoy reading this edition of The Recap as much as we enjoyed putting it together for you!
MEDIA AND ENTERTAINMENT
JUNE - 2023
Bombay HC refuses to direct Netflix to take down web series 'Scoop'
The Bombay High Court ("Bombay HC") recently refused to direct the over-the-top ("OTT") platform 'Netflix' to take down the web series 'Scoop' ("Web Series") from its platform. The petition was filed by Rajendra Sadashiv Nikalje (alias "Chhota Rajan") against the makers of the Web Series, which is based on the biographical book 'Behind the Bars in Byculla: My Days in Prison' by journalist Jigna Vora who was accused of murdering a fellow journalist, Jyotirmoy Dey on July 11, 2011.2
The petitioner, Chhota Rajan, had contended that the trailer of the Web Series made various references to his name, image and voice, and portrayed him as the main conspirator of a character's murder. He further claimed that the contents of the impugned trailer were false, misleading, and deceptive, made with the intention to sensationalize the Web Series and obtain profits by using his personality. He prayed to the court to i) remove the trailer of the Web Series from Netflix and all other platforms; ii) restrain the defendants from exploiting his name, image, and personality in the Web Series or make any reference to him; and iii) restrain the defendants from publishing the Web Series and its trailers on Netflix, in theatres, or on any other platform. However, on the submission of the defendant that the suit was not maintainable and that the Web Series should first be viewed by Chhota Rajan, Chhota Rajan sought leave to amend his plaint.
The Bombay HC did not grant an interim injunction, and provided leave to Chhota Rajan to amend his plaint, and the defendants time to file their written statement.
You may access the order passed by the Bombay HC here and here.
Delhi HC restrains rogue websites from streaming "Spider-Man: Across the Spider-Verse" and "Spider-Man: Into the Spider-Verse
The Delhi High Court ("Delhi HC") has granted interim relief to Sony Pictures Animation Inc. ("Sony"), and restrained 100+ rogue websites from posting and streaming the films "Spider-Man: Across the Spider-Verse" and "Spider-Man: Into the Spider-Verse" (collectively "Films"). This order was passed by the Delhi HC in a petition filed by Sony against various websites for infringing its copyright in the Films.3
In its petition, Sony contended that it was the sole copyright holder in the Films and had not licensed to anyone, the right to broadcast or communicate the Films to the public, through any medium. It claimed that several of the impugned websites had also advertised the then impending broadcast of the newly released Film, "Spider-Man: Across the Spider-Verse" on their platforms. Through the petitions, Sony sought a direction from the court to permanently restrain the 100+ identified rouge websites, as well as any mirror/redirect/alphanumeric website associated with them, from posting, streaming, distributing the Films, or making them available to the public. It prayed to the court to direct the identified internet service providers ("ISPs") to block access to these rouge websites, and to direct the Department of Telecommunications ("DoT") and the Ministry of Electronics and Information Technology ("MeitY") to issue a notification to all internet and telecom service providers, mandating them to block user access to such rogue websites.
Acknowledging that the impugned websites were, in fact, "rogue websites" as defined by the court in the case of UTV Software Communication Ltd. v. 1337X.To,4 the Delhi HC observed that Sony was entitled to an ex-parte interim relief in the present case. The Delhi HC thereafter passed an order - i) restraining the 100+ rogue websites as well as all others acting on their behalf, from posting, streaming, reproducing, distributing or making available to the public, on their websites, or through the internet, in any manner whatsoever, any cinematograph work/content/program in which Sony has copyright, including the Films; ii) directing the ISPs to block access to the rogue websites as well as mirror / redirect/ alphanumeric websites which appear to be associated with any of the said websites; and iii) directing the DoT and MeitY to issue a notification calling on all internet and telecom service providers to block the access to the rogue websites. The court posted the matter for hearing on September 4, 2023.
You may access the order passed by the Delhi HC here.
Makers of biopic move to Bombay HC for censor clearance
The makers of a biopic based on the life of Jaswant Singh Khalra (a prominent human rights activist) ("Biopic") have approached the Bombay HC, seeking the court's assistance in directing the Central Board of Film Certification ("CBFC") to clear the Biopic's pending censor certificate. Given that the Biopic was facing delays and could not be released prior to obtaining certification, the makers approached the Bombay HC to intervene in the matter. Reportedly, the censor certificate had been applied for in December 2022, which was sent ahead to the review committee, but to no avail.
The Biopic captures the life of Jaswant Singh Khalra, an integral figure in the Operation Blue Star investigation. Following Operation Blue Star in 1984, the police were empowered to detain anyone as suspected terrorists. During that time, Jaswant Singh Khalra, who was the director of a bank in Amritsar, found evidence of abduction, elimination and cremation of thousands of unidentified bodies by the police. The investigation undertaken by him sparked worldwide protests and led the Central Bureau of Investigation to conclude that the Punjab police had unlawfully cremated several people. The Supreme Court of India ("Supreme Court") and the National Human Rights Commission had also certified the validity of his findings.
You may access the update as reported by The National Herald here.
You may access additional information on Operation Blue Star here.
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Footnotes
1. 'The Count of Monte Cristo' by Alexandre Dumas.
2. Rajendra Sadashiv Nikalje Alias Chhota Rajan v. Matchbox Shots LLP, Commercial Intellectual Property Rights Suits (St) No. 14629/2023.
3. Sony Pictures Animation Inc v. Flixhd.Cc/ & Ors., Civil Suit (COMM) No. 366/2023.
4. CS(COMM) 724/2017 & I.As. 12269/2017, 12271/2017, 6985/2018, 8949/2018 AND 16781/2018.
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