Civil Court In Maharashtra Refuses To Restrain YRF From Publishing Pathaan’s Teaser, Trailer & Besharam Rang Song On YouTube

The Shrirampur Court observed that “no injury is caused to the plaintiff,” and his claim “lacked foundation.”

Joint Civil Judge PA Patel refused injunction in a suit filed by a “social worker,” who wanted all content on YouTube to display the CBFC Certification and prayed that no content of YRF be allowed to be streamed without the display of the certificate.

The plaintiff claimed that according to Cinematography Act, it was necessary to publish the U/A certificate before publishing an advertisement in newspapers, hoardings, trailers and teasers so that people know there was un-restricted public exhibition subject to parental guidance for children below 12-years.

However, YRF’s advocate Harsh Buch of TMT Law Practice argued that the suit itself was misleading. There was no rule to show the CBFC certificate while publishing an advertisement on an OTT platform and the requirement of certification under the Cinematography Act 1953 was limited to the theatrical screening of the film and on DVDs. Platforms like YouTube were regulated by the Information Technology Rules of 2021, he added.

At the outset, the court observed that the plaintiff seems “confused” by the absence of the CBFC certification on YouTube. “No injury is caused to the plaintiff,” it said,

The court also observed that the main relief is identical to the interim relief sought and if the same is granted, it is as good as the final relief. 

“No prima facie case is made out. Plaintiff must come of with something to show foundation for his claim. Hence, plaintiff failed to prove prima facie case. No. loss will cause to the plaintiff if application is rejected. Plaintiff is having another remedy,” the court said while refusing relief.

The suit was filed by one, Suresh Patil, who claimed to be a social worker. The order in the suit filed prior to the release of movie was passed earlier this month but was made available only yesterday.

Click Here To Read/Download Judgment