ASHUTOSH DUBEY VS NETFLIX, INC.
This was the case were the plaintiff who is an advocate by profession filed a suit against an injunction against Netflix, the defendants for the further streaming of the episodes of a web series called hasmukh which aired on Netflix.
The main issue in the case was regarding the defamation, caused due to some derogatory remarks made by the protagonist in a web-series known as “hasmukh”. The Delhi High Court dismissed an application filed by a lawyer, seeking an injunction against Netflix for streaming online content which was derogatory about the legal fraternity. The lawyer argued that dialogue in the Netflix series ‘Hasmukh’ (Series) stigmatized the legal profession and lowered its image in the eyes of the public. The Court held that lawyers as a class are incapable of being defamed. In the absence of any specific imputation either to the Plaintiff or to a definite group of lawyers, a prima facie case of defamation could not be made out against Netflix.
Sanjeev Sachdeva J, dismissed the Plaintiff’s application without granting any interim relief. The Court’s decision was based on two issues: (a) Lawyers as a class are incapable of being defamed and (b) The Series was a satirical comment, a work of art which exaggerated different issues to expose the shortcomings of the profession. In denying the Plaintiff’s application, the Court held that an interim injunction in favour of the Plaintiff would be tantamount to interference with freedom of speech and expression, a right guaranteed under Article 19(1)(a) of the Indian Constitution.
Lawyers as a Class Cannot be Defamed
The Court based its decision on the settled legal position adopted by the different courts across India and outside. According to Asha Parekh and Ors. v. The State of Bihar and Ors. 1977 Cri L J 21, any collective defamation must be against a “small determinate body.” Further, “however reprehensible and morally unjustifiable the words complained of may be, for it to be actionable, it must contain an imputation concerning some particular person or persons whose identity can be established. The legal community is an “amorphous and indeterminate body” and hence, lawyers taken as a class cannot be identified with any ‘particular’ individual. Therefore, lawyers as a class are not capable of being defamed.
The Series was a Satirical Comment- A Work of Art
The Court observed that the Series was based on a theme of ‘satirical comedy’ where the Protagonist, a stand-up comedian, exaggerated different fact scenarios/ issues to portray evils and ills of the community.
The Court held that an interim injunction would interfere with the freedom of speech and expression of the Defendants which is guaranteed by the Indian Constitution. The Court stressed that the ‘very essence of democracy lies in the fact that its creative artists are given the liberty to project the picture of the profession in any manner, including by using satire, to exaggerate the ills to an extent that it becomes a ridicule. In view of this, the Plaintiff’s application seeking interim injunction was dismissed by the Court.