Supreme Court Sets Guidelines for Portrayal of Persons with Disabilities in Media
In the recent case of Nipun Malhotra vs. Sony Pictures Films India Private Limited & Ors., heard on July 08, 2024, the Supreme Court bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala addressed issues related to the portrayal of persons with disabilities in visual media. The Court emphasized the impact of stereotypes on discrimination and fundamental rights, distinguishing between “Disability Humor” that challenges conventional perceptions and “Disabling Humor” that demeans individuals with disabilities.
Nipun Malhotra contested the portrayal of persons with disabilities in the film ‘Aankh Micholi’, arguing it violated constitutional rights and relevant legal statutes. Despite objections, the film received unrestricted certification from the Central Board of Film Certification (CBFC).
In its judgment, the Supreme Court upheld the film’s certification and refused to accept certain recommendations of the appellant. However, the Court provided guidelines for future portrayals of persons with disabilities in visual media. These guidelines include avoiding derogatory terms, accurately representing medical conditions, reflecting diverse experiences, and refraining from perpetuating myths or stereotypes.
Case: Nipun Malhotra vs. Sony Pictures Films India Private Limited & Ors.
Case Citation: Civil Appeal No. 7230 of 2024
You can read more about it here.
(Detailed article on this case to be published soon)
Legal Dispute Over ‘Nadaprabhu Kempegowda’ Title in Kannada Cinema
In April, TS Nagabharana and the team behind the film ‘Nadaprabhu Kempegowda’, featuring Dhananjaya, obtained a stay order against the makers of another film titled ‘Dharmaveeru Naadaprabhu Kempegowda‘, directed by Dinesh Baboo. This legal action pertained to the use of the title in biopics about Kempe Gowda, Bengaluru’s founder.
Following the unveiling of TS Nagabharana’s film on June 21, producers of the film Dharmaveeru responded by reportedly filing a police complaint, claiming ownership of the title.
Director Pannaga Bharana, overseeing the film ‘Nadaprabhu Kempegowda’, has highlighted that the title ‘Nadaprabhu Kempegowda’ was owned by his father, director TS Nagabharana, for over a decade. He had diligently renewed the registration annually in compliance with regulations. It is the other team that has violated these rules by announcing their film without registering the title and adding an unauthorized prefix. However, the producer of Dharamveeru stated that no one has a copyright over title of the film, and the parties are now awaiting the court decision.
You can read more about this here.
TRAI Proposes Interoperable STBs and NCF Reforms, Enhances Consumer Flexibility in Broadcasting
TRAI has recommended making set-top boxes (STBs) interoperable for DTH and cable TV subscribers, allowing easier switching between operators without changing STBs. Additionally, TRAI abolished the Network Capacity Fee (NCF) ceilings, enabling providers to vary charges based on channels, regions, and customer categories for market-driven fairness. Service providers must transparently publish these charges and report to TRAI. Despite industry resistance, TRAI considers interoperable STBs desirable, proposing potential adoption without mandate by the Ministry of Information and Broadcasting.
Additionally, TRAI mandated Prasar Bharati to convert DD Free Dish to an encrypted, addressable system to enhance viewing quality, combat piracy, and track subscribers. TRAI urged Prasar Bharati to adopt interoperable STBs to facilitate seamless consumer choice and eliminate the need for frequent STB changes.
You can read more about it here.
Supreme Court Directs Stakeholder Meetings on Advertising Regulations
The Supreme Court has instructed the Centre to convene meetings with various media stakeholders to address issues related to advertising regulations. This follows earlier orders requiring advertisers to submit self-declarations on the nature of their advertisements. The Ministry of Information and Broadcasting, which will organize these meetings, is required to submit its recommendations within three weeks. A Bench comprising Justices Hima Kohli and Sandeep Mehta emphasized that the advertisement industry should not suffer, and instructed the Ministry to engage with more parties to understand and resolve their challenges. It was stated that the Ministry of Consumer Affairs can also be part of the “brain storming” exercise.
This directive came in response to impleadment applications from several associations, including the Advertising Agencies Association and the Internet and Mobile Association of India.
Previously, the Supreme Court had mandated advertisers to submit self-declaration forms confirming compliance with cable TV rules and advertising codes before airing ads, and directed the establishment of a portal for such submissions.
You can read more about it here.
Gaurav Gupta’s Legal Battle Against Counterfeit Luxury Products
Delhi-based fashion designer Gaurav Gupta has taken significant legal action against counterfeiters, filing nine cases in the Delhi High Court. Gupta, renowned for his designs worn by celebrities like Beyoncé and Cardi B, seeks Rs 2 crore in damages from each counterfeiter and aims for restraining orders. Gupta noted that counterfeiters were imitating his signature sculpting techniques.
Most cases involve Delhi-based parties, with one each in Mumbai and Punjab. Gupta’s first suit was filed in 2017, with additional suits from 2021 to 2024. Three cases have been decreed in his favor, while interim injunctions are in place for the remaining six. The court has acknowledged the IP rights of Reflect Sculpt Pvt Ltd (RSPL), Gupta’s holding company, and ordered defendants to cease counterfeit production and online activity. In one instance, defendants from Delhi, Jalandhar, and Amritsar paid Rs 10 lakh in damages and litigation costs to RSPL.
You can read more about it here.
Gaming Studios address a letter to PM Modi, seeking clear distinction between Video Games and Real-Money Games
A group of 70 video game studios and esports companies, including Dot9 Games, Outlier Games, and SuperGaming, has written to the Prime Minister’s Office (PMO) and the Ministry of Information and Broadcasting. They seek a policy that distinguishes video games from real-money games (RMG). The gaming industry studios advocate for separate categories for video games and RMG in Indian policy for fair regulation.
It was stated that in the letter that “Companies making video games were subject to multiple show cause notices and tax raids, and banks and payment gateway companies have been denying services as well”.
The studios propose the Information and Broadcasting Ministry be the nodal agency for video games, with a dedicated AVGC-XR wing led by a joint secretary-level official. AVGC-XR stands for Animation, Visual Effects, Gaming, Comics, and Extended Reality.
You can read more about this here.
X Corp Defends Authenticity of Videos of Rajat Sharma abusing Congress spokesperson
X Corp, formerly Twitter, informed the Delhi High Court that the videos posted by Congress leaders showing IndiaTV chief Rajat Sharma allegedly abusing spokesperson Ragini Nayak are “not edited or fake”. The raw footage, available on IndiaTV’s YouTube channel, confirms Sharma’s use of the words he denied. The court upheld its order requiring the removal of the tweets but allowed Congress leaders the right to contest Sharma’s claims.
The alleged incident occurred during a June 4 show discussing election results. Nayak accused Sharma of “doublespeak” and objected to his statement downplaying Congress’s seat gains, leading Sharma to reportedly muttering an insult. Congress filed a complaint, and Sharma filed a defamation suit seeking ₹100 crore in damages. X Corp emphasized that the video clearly captures Sharma muttering something, which is central to his defamation suit.
You can read more about it here.
Delhi High Court Secures Endemol’s Dues Amid MX Player Sale
Endemol Shine India Limited, known for reality shows like ‘MasterChef’ and ‘Bigg Boss,’ has filed a petition against MX Media and Entertainment PTE Ltd (“MX”), the owner of MX Player, in the Delhi High Court under Section 9 of the Arbitration & Conciliation Act, 1996. Endemol claims non-payment of dues for producing ‘Kumite 1 Warrior Hunt’ under a Line Production Facilitation Agreement. Despite Endemol fulfilling its contractual obligations and MX monetizing the program, no settlement was reached, leading Endemol to invoke arbitration.
With MX undergoing liquidation proceedings in Singapore, the Delhi High Court directed MX to retain Rs. 2.65 crore from its asset sale proceeds to cover Endemol’s principal amount owed.
You can read more about it here.
Supreme Court Stays Karnataka High Court Order Against Power TV
In a recent decision, the Supreme Court intervened to stay a Karnataka High Court order that had restrained the broadcast of Kannada news channel Power TV noting that this is nothing but a ‘sheer political vendetta‘. The High Court had temporarily halted the channel’s operations until July 9, citing an expired license as grounds. However, the Supreme Court deemed this action as politically motivated vendetta. The controversy arose following extensive coverage by Power TV of alleged sex scandal allegations involving JD(S) leaders Prajwal and Suraj Revanna, prompting legal actions by senior IPS officer Dr B R Ravikanthegowda and JDS leader MLC HM Ramesh Gowda and his wife Dr A Ramya Ramesh.
You can read more about it here.
Delhi High Court Issues John Doe Order to Protect Razorpay from Financial Fraud
Razorpay, a payments and banking platform, has obtained a John Doe Order from the Delhi High Court to protect its brand identity and customers from financial fraud. The order mandates social media platforms to suspend accounts infringing on Razorpay’s trademarks and conducting fraudulent activities, while domain name registrars must block associated domain names, bank accounts, and UPI IDs.
You can read more about it here.
Calcutta High Court Resolves Dabur-Dhruv Rathee Dispute Over YouTube Video
In a case brought by Dabur India Limited against Dhruv Rathee over a YouTube video referencing its ‘Real’ product, the Calcutta High Court, led by Justice Krishna Rao, disposed of the suit based on a settlement between the parties.
The dispute arose from a video uploaded by Dhruv Rathee in February 2023, which Dabur claimed disparaged its fruit products. Following court orders and negotiations, Dhruv Rathee agreed to modify the video by blurring or using generic fruit juice packaging. Both parties concluded that continuing the suit would not be beneficial, leading to its disposal under the terms of their settlement.
You can read more about it here.
Delhi Court Halts Sale of Book on Rana Kapoor Amid Defamation Claims
In a recent development, a Delhi court has issued an interim injunction against the book “Yes Man: The Untold Story of Rana Kapoor,” authored by journalist Pavan C Lall. District Judge Naresh Kumar Laka of Tis Hazari Court ruled in favor of Rana Kapoor, finding that the book potentially harms his reputation with content that isn’t wholly factual. The injunction prevents the sale, distribution, or circulation of the book and will remain effective until the conclusion of Kapoor’s defamation lawsuit against HarperCollins and Lall.
The court also mandated the removal of specific articles from The Print and prohibited the defendants from making further defamatory statements about Kapoor. HarperCollins argued that the statements in the book were not defamatory, citing Kapoor’s public figure status and the absence of evidence demonstrating actual harm to his reputation caused by the book.
You can read more about it here.
Federal Court of Canada to Decide whether AI can be considered as authors
The Federal Court of Canada is currently considering a case challenging whether artificial intelligence can be recognized as authors under Canada’s copyright law. Led by the University of Ottawa’s Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the case aims to establish that only humans can be considered authors under the law, amidst the growing production of AI-generated content.
You can read more about this here.
US Judge Rules Against Release of Nashville School Shooter’s Writings
In a recent ruling, Chancery Court Judge I’Ashea Myles decided that writings and other works created by Audrey Hale, the perpetrator of a tragic shooting at a Nashville elementary school, cannot be made public. Hale, a former student who was killed by police after the incident, had her property rights transferred to the victims’ families by her parents. The families argued successfully in court that they hold the copyright to Hale’s creations, including writings, journals, art, photos, and videos, thereby preventing their release under the Tennessee Public Records Act. Myles recognized this argument as a novel application of federal copyright law, ultimately upholding the parents’ group’s claim to control access to these materials.
You can read more about this here.
