- On Wednesday, the Kerala High Court ruled that the terms established by the Central Board of Film Certification (CBFC) for a movie's theatrical distribution must also be adhered to when it is broadcast on OTT platforms.
- Justice V.G. Arun noted that where the CBFC has already issued guidelines for a movie, they should be obeyed even if the OTT rights have been sold when deciding on a request to prohibit the OTT release of the Malayalam film "Kaduva," which stars Prithviraj.
- The Single Judge further stated that it was long due to establish a standard to control the streaming of movies on OTT platforms and ordered the CBFC and the Centre to provide an update on their efforts in this area. Since it was announced that the movie will be released, it has been dogged by legal problems.
- The petitioner initially filed a legal lawsuit to stop the release of the book, claiming that both the novel and the protagonist in the movie were based on his life. He claimed that the film contains changes and embellishments to true stories, some of which are directly defamatory to him and his family.
- The interim order of injunction he had managed to get to prevent its release was only temporary, as the injunction application was eventually rejected and an appeal against it saw the same outcome.
- The petitioner had filed an objection under Section 5A against the grant of certification to the film after learning that it had been submitted for examination and certification under the Cinematograph Act.
- In response, the High Court had instructed the CBFC to decide on the objection following a party hearing on July 4. The CBFC determined that the applicant would only be able to relate to the scenes he objected to if Kuruvachan is the title character.
- Consequently, it had ordered that the protagonist's name be changed.
- The new appeal, which was submitted by lawyer Kodoth Sreedharan, claims that the name has not been altered in accordance with the directive. It has been claimed that the protagonist's name had been altered to Kuriyachan in the versions of the film that were screened in Indian theatres.
- But, according to the complaint, the version that was being aired outside continued to use the name Kuruvachan. The petitioner had also provided proof of the movie's showings in the United States and the United Arab Emirates to back up his assertions.
- In order to prevent the movie's creators from screening and releasing the film in theatres or any other media, OTT platforms, social media pages, etc. in audio or video form, in full or in part, or its trailers, teasers, songs, or by changing its name, he prayed that the film's OTT release be suspended. He also sought an order of injunction.
- However, the respondents claimed that the movie's OTT rights had already been sold to a third party and that its OTT release was most likely scheduled for August 4.
- But yesterday, as planned, the action entertainment was made available on OTT platforms. The subject will be discussed once more in two weeks.
"Loved reading this piece by Twinkle Madaan?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
