Delhi High Court restrains Netflix, CNA from broadcasting documentary “A Big Little Murder”

The Delhi High Court has restrained Channel News Asia (CNA) and Netflix from broadcasting and streaming the documentary “A Big Little Murder”, which reportedly deals with the death of a student in 2017 at a Gurugram school ( St.Xavier's Education Trust Vs Mayurica Biswas, Media Corp digital Network and Netflix Entertainment services LLP ).

. The order was passed in a suit moved St Xavier's Education Trust (plaintiff-school), which submitted that the name of the school and visuals of the school's buildings have been used elaborately and frequently in the documentary without obtaining permission.

. It was further pointed out that a coordinate bench of Delhi high Court had already restrained the release of a book on the same matter by order dated January 22, 2021 since it contained references and used the name of the plaintiff-school.

. Following these orders, the defendants were restrained from publishing, packaging, releasing, offering for sale, selling and displaying on their website the ‘Book’ or any portion thereof, the Court was informed.

. After hearing the submissions, Justice Jayant Nath passed an order restraining the OTT platforms from streaming the documentary. Notice was issued to all respondents and the matter has been listed for further hearing on October 22, 2021.

. The documentary in question has been produced by Mayurica Biswas and was to be released on the website of CNA and Netflix this month.

. The documentary deals with the death of a seven-year-old student in a school washroom on September 8, 2017. The trial in this case is pending before an Additional Sessions Judge in Gurugram.

. The High Court was told that the broadcast of the school's visuals and the use of its name in the documentary was also in violation of the order passed by the Gurugram trial court on January 8, 2018.

. Therefore, the High Court granted the school interim relief as sought for, observing,

" In my opinion, the impugned act is contrary to the orders passed by the Ld. ASJ, Gurugram and the co-ordinate bench of this court. Plaintiff has made out a prima facie case. The defendants are restrained from streaming, broadcasting, telecasting etc. the documentary titled “A big Little Murder” or any of its abridged versions."

. The Court, however, clarified that the documentary may be streamed after after deleting any reference to the plaintiff-school and deleting the portion where the school building is depicted.

. Senior Advocate Rajeev Virmani along with advocates Sandeep Kapur, (Senior Partner, Karanjawala and Co.), Meghna Mishra, Ankit Rajgrahia, Apoorva Pandey, Gudipati G Kashyap, Tarun Sharma, Deveshi Madan, Romy Chacho, and Ashwin Romy appeared for the plaintiff-school.

. [Read Order]

Delhi High Court restrains Netflix, CNA from broadcasting documentary “A Big Little Murder”

Zeb Hasan

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