A Mumbai city civil court on Thursday barred the publication of defamatory material against actor and filmmaker Sayani Gupta over her short film Aasmani [Sayani Gupta v Vinita Negi & Ors.].
Additional Sessions Judge Shudhirkumar Murlidharrao Bukke allowed an application filed by Gupta for such interim relied. The interim order was passed on a ₹9 crore defamation suit filed by Gupta against filmmaker Vinita Negi after the latter claimed that key elements of Gupta's film were plagiarised.
The court yesterday allowed Gupta's plea to restrain Negi and other defendants from publishing, circulating or continuing to publish defamatory material against her.
The interim relief granted would also include the removal of defamatory content from the platforms of defendants such as Meta, Reddit and the Deccan Chronicle.
The court, however, clarified that its interim order would not mean a blanket ban on publishing information that is based on true facts.
“The defendant no. 1(Negi) has every right to take legal action against the plaintiff (Gupta) and she is at liberty to publish any contents based on true facts. Nothing in this order shall prevent the defendants from publishing accurate and verified information based on official record of investigation or judicial proceeding or legal finding of any authority constituted under law. The prayer of applicant for blanket order to restrain against defendant on true and correct facts based on the order of competent authority is rejected,” said the court.
Gupta’s suit stemmed from allegations made by Negi concerning ‘Aasmani’, Gupta’s directorial debut. Negi, an Film and Television Institute of India (FTII) alumna, had accused Gupta of plagiarism, copyright infringement and breach of trust, alleging similarities between ‘Aasmani’ and Negi's unfinished documentary ‘Prabha.'
Gupta has denied the allegations and claimed that they were false, misleading and unsubstantiated. She alleged that Negi continued to circulate the allegations even though her complaint before the Screenwriters Association was still pending.
According to Gupta’s suit, the allegations were subsequently amplified through media reports and social media, causing professional harm.
She claimed that Aasmani, which had been selected for screening at the Indian Film Festival of New Zealand, was withdrawn from the festival.
Gupta had sought ₹9 crore in damages, the removal of the allegedly defamatory material, and a public retraction and apology from Negi. She had also sought the appointment of a court receiver to take possession of copies or devices containing the allegedly defamatory material.
The matter is listed next on October 12.
Advocate Monil Punjabi, along with advocate Priyanka Sinha (partner at A&P Partners) and advocates Bhavya Shah and Mujtaba Ambekar instructed by A&P Partners, appeared for Gupta.
Advocates Sayali Shinde and Laxmi Jenkins represented Negi.
[Read Order]