The Delhi High Court recently refused to stay the release of the Netflix series “Tribhuvan Mishra CA Topper” [The Institute of Chartered Accountants of India & Ors v Netflix Entertainment Services India LLP & Ors].
Justice Navin Chawla, after watching the trailer, determined that the series does not reference the profession of Chartered Accountancy in any manner. Consequently, he rejected the Institute of Chartered Accountants of India’s (ICAI) claim that the show defames Chartered Accountants (CAs).
“It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in the Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy or the toppers or rank holders in the examination conducted by the plaintiff no. 1 [ICAI],” the Court said.
The Bench emphasized that artistic expression, even in the form of commercial speech, should not be curtailed based on an overly sensitive approach.
“I, therefore, do not find any prima facie case in favour of the plaintiffs for the grant of an ad interim injunction in their favour at this stage,” the Court concluded.
The observation was made while dealing with a defamation case filed by the ICAI and three CAs against the release of the series on Netflix. The plaintiffs argued that the show depicts the profession of Chartered Accountancy in a vulgar and derogatory manner, which they claimed is illegal.
The ICAI contended that they had received emails objecting to the trailer’s content, which allegedly contained unwarranted innuendos about the profession. Specifically, they argued that a reference in the trailer to the services rendered by CAs as “debit and credit with reference to sexual services offered” was derogatory.
Netflix, however, argued that the web series is entirely fictional and includes a disclaimer stating that it does not reference any real individual or person, living or deceased. The platform’s counsel also assured that an additional disclaimer would be added within five days, clarifying that the series does not depict or refer to any profession.
Senior Advocate Amarjit Singh Chandhiok, along with advocates Pooja M Saigal, Yatin Dua, Kaveri Rawal, and Deepti Bhardwaj, represented the ICAI. Netflix was represented by Senior Advocate Sandeep Sethi and advocates Saikrishna Rajagopal, Thomas George, Sneha Jain, Tanvi Sinha, Devvrat Joshi, Angad S Makkar, and Navankur Pathak. Advocates Hiren Kamod, Shrishti Talukdar, Ami Desai, Surekha, Riddhi, and Prashansa Singh represented Defendants 5-9, while Advocates Sachin Gupta, Ajay Kumar, Rohit Pradhan, and Manan Mondal represented Defendants 10-12.
