Netflix opposes in Delhi HC Wankhede's plea against web series

New Delhi, Nov 27 (PTI) OTT platform Netflix on Thursday opposed in the Delhi High Court a plea by IRS officer Sameer Wankhede seeking an interim injunction on the series "The Ba***ds of Bollywood", saying the show exposes Bollywood culture satire and dark comedy and can't be injuncted in defamation suit.

Wankhede has sought that the series, which he has alleged to be defamatory, is taken down from several websites.

Netflix said the officer should not be oversensitive about a one-and-a half-minute satire scene when he himself admits it is satire.

Justice Purushaindra Kumar Kaurav was told by senior advocate Rajiv Nayar, who appeared for Netflix, that the threshold of defamation in such cases is very high which cannot be proved at an interlocutory stage and the plaintiff has to prove it during the trial only when he will get damages.

"Merely showing that the show is by Shah Rukh Khan's son Aryan Khan is not enough. He has to cross the threshold of proving malice," the lawyer argued.

He said the theme of the series is that it exposes "bad ways of Bollywood" and everybody has been painted with some side of parody or satire.

"When the series is viewed as a whole, it is a broad lampooning of Bollywood. This is the theme. The theme is to expose Bollywood and its workings," the lawyer said.

The court listed the matter for December 2 for hearing rejoinder submissions of Wankhede's lawyer. The court also asked him to file his written submissions.

Shah Rukh Khan-owned Red Chillies Entertainment Pvt Ltd, the production house, has also opposed Wankhede's plea saying the suit lacked territorial jurisdiction and the officer was indulging in forum shopping.

The production house had contended that instead of Delhi, it should have been filed in Mumbai as Wankhede resides there and even the company's registered office is in Mumbai.

In its reply to Wankhede's interim application, defendant Red Chillies Entertainment Pvt Ltd said the series was a "satire" and such depiction is permitted in law as a legitimate form of artistic expression and social commentary.

On the content of the series, Red Chillies said that the show touches upon various controversies in the Bollywood industry, such as nepotism, paparazzi culture, adultery, and struggles faced by newcomers with undertones of satirical elements and parody.

Wankhede, in his rejoinder to Red Chillies, said the "defamatory content" was created to settle personal scores with him and avenge the arrest of Shah Rukh Khan's son Aryan Khan in a 2021 drugs case.

He said the series, written and directed by Aryan Khan, was orchestrated to target and malign him.

Wankhede has sued Red Chillies and Netflix for defamation and sought Rs 2 crore in damages, which he wants donated to the Tata Memorial Cancer Hospital for cancer patients.

On October 8, the high court issued notices and summons to Red Chillies Entertainment Private Limited, Netflix, X Corp (formerly Twitter), Google LLC, Meta Platforms, RPSG Lifestyle Media Private Limited, and John Doe in the defamation suit and asked them to file their replies within seven days.

The plea submitted that the series disseminates a misleading and negative portrayal of anti-drug enforcement agencies, eroding public confidence in law enforcement institutions.

The plea claimed that the series depicts a character making an obscene gesture -- specifically, showing a middle finger -- after the character recites the slogan "Satyamev Jayate", which is part of the National Emblem.

This act constitutes a grave and sensitive violation of the provisions of the Prevention of Insults to National Honour Act, 1971, which attracts penal consequences under law, it said. PTI SKV ZMN