Maharashtra Court refuses to restrain broadcast of Shah Rukh Khan starrer Pathaan trailer, Besharam Rang song on YouTube

A civil court in Maharashtra recently rejected a plea to restrain the broadcast of the teasers, trailer and advertisements of Shah Rukh Khan-starrer film, Pathaan as well as its song, Besharam Rang on YouTube without a U/A censor certificate. [Suresh Patil Vs. Yashraj Films Lmt.].Civil Judge JD Patel, who presides over a Civil Court in Shrirampur, opined that no prima facie case was made out by the plaintiff to grant such an injunction. .Further, the Court noted that no loss would be caused to the plaintiff if temporary relief is not granted.."If the said relief is granted it is as good as the final relief. Hence, the said relief can not be granted. Moreover from the contentions of plaintiff no prima facie case is made out. Plaintiff must come of with something to show foundation for his claim. Hence, plaintiff failed to prove prima facie case. No. loss will cause to the plaintiff if application is rejected. Plaintiff is having another remedy. Balance of convenience is also not lies in favour of plaintiff," the Court said..The plea was moved by a social worker who claimed that he was confused after he noticed that the U/A censor board certificate was not shown on YouTube before the teasers, trailer, songs and advertisements of the movie Pathaan. The U/A certificate denotes that the film has been permitted for unrestricted public exhibition subject to parental guidance for children below the age of twelve.The plaintiff contended that there was loss being caused to himself and the society at large, due to such publication without a U/A certificate. He further argued that Rule 38 of the Cinematography Act makes it mandatory to show such a certificate. The film's production house, however, countered that there was no need to show such certificate while publishing an advertisement for the film on the internet on platforms such as YouTube or any OTT platform. The requirement of certification, under the Cinematography Act,1953 is limited to the theatrical description of the film or when the film is described in DVDs, it was argued.After considering these submissions, the Court rejected the plaintiff's application in a February 8 order. .[Read Order]