Jose Kuruvinakkunnel @ Kuruvinakkunnel Kuruvachan Vs Union of India
DATE OF JUDGEMENT:
August 3, 2022.
Justice. V.G. Arun
Petitioner – Jose Kuruvinakkunnel @ KuruvinakkunnelKuruvachan
Respondent –Union of India
- This Writ Petition has been filed by the petitioner so as to restrict the publication of the movie in theatres and thus also to suspend the release of movie on OTT platforms by granting injunction.
- Whether the directions laid down by the Central Board of Film Certification apply to both the releases in theatres and OTT platforms?
- The petitioner filed a civil suit against the publication of the movie since the protagonist in the movie was a portrayal of him and the story was an adaption of few of his real-life incidents and few being defamatory.
- The petitioner then obtained an interim injunction against the movie release but at the end failed to do so.
- The petitioner further filed an objection against the grant of certification to the movie by the Central Board of Film Certification, with reference to the same the Board of Film Certification has ordered to change the name of the protagonist character.
- But the same was not implicated in the movie that was broadcasted overseas. Thus, for the same the petitioner prayed that OTT release of the movie has to be suspended and an injunction order should be granted against screening and releasing of the movie on any platform or in any form.
ARGUMENTS ADVANCED BY THE PETITONER
- The counsel on behalf of the petitioner contended that the respondents are bound to comply to the conditions that are laid down by the Board of Film Certification even when the movie is being exhibited on an OTT platform.
- The counsel on behalf of the petitioner further relied upon the judgement in the case [Google India Private Limited vs Visaka Industries [(2020) 4 SCC 162] and held that since theCentral Board of Film Certification has passed directions as to the release of movie in theatres the same shall be complied even with reference to them releasing in OTT platform.
ARGUMENTS ADVANCED BY THE RESPONDENT
- The counsel on behalf of the respondent had contended that the rights as to the movie to be released on OTT have already been sold to another third party and it was already set be released on a particular date.
- The court observed that the contention made by the petitioner as to the compliance of directions issued by the Board of Film Certification shall be applicable to the movies that will be released both in theatres and OTT platforms.
- The court further held that there has to be a standard regulation as to streaming of movies on OTT platforms and thus directed the Central Board of Film Certification to take steps in this regard.
- The court further held that the respondents have to ensure that the directions of Central Board of Film Certification are complied in both theatre releases and OTT releases.
- Thus, it can be concluded that the rules and regulations laid with respect to the movie publications in a theatre are also applicable to all of the OTT Releases. And all the publications shall comply to the same.
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