In a recent turn of events, the Supreme Court has intervened to resolve a conflict between consumer rights and promotional practices in the film industry. On April 22, Yash Raj Films, a major player in Bollywood, received a favorable decision from the apex court, which set aside a previous directive issued by the National Consumer Dispute Redressal Commission (NCDRC).
This dispute stemmed from a complaint lodged by Afreen Fatima Zaidi, who felt betrayed after watching the movie “Fan” when she discovered that a song showcased in the film’s promotional advertisements was absent from the actual screening. The song titled “Jabra Fan” had been an integral part of the marketing campaign and had influenced Zaidi’s decision, along with her family’s, to view the film, which starred the acclaimed actor Shah Rukh Khan.
The sense of deception experienced by Zaidi prompted her to seek restitution and led her to file a complaint with the relevant district consumer forum. Her request was for compensation and demanded a stern directive to Yash Raj Films to issue disclaimers in future promotions stating the exclusion of advertised songs in the final film.
Upon the dismissal of her complaint by the district forum, Zaidi escalated the matter to the State Consumer Disputes Redressal Commission in Maharashtra. Here, she met with an initial success when the State Commission ruled in her favor in 2017. Yash Raj Films was ordered to pay a sum of ₹10,000 in compensation and ₹5,000 to cover litigation costs. However, this decision did not mark the end of the dispute.
Countering the claim, Yash Raj Films maintained that the consumer laws being invoked did not apply to Zaidi’s case. They argued that the song “Jabra Fan” was used solely for promotional purposes and was intended to function as a commercial trailer for the film rather than as a component of the film itself. Moreover, the production house asserted that disclosures regarding the exclusion of the song from the movie had been widely publicized in press interviews prior to the film’s release.
The case eventually advanced to the Supreme Court, where Justices P.S. Narasimha and Aravind Kumar presided over the final appeal. In a concise judgment, the Bench declared, “We have allowed the appeal,” effectively overturning the NCDRC order.
The Supreme Court’s verdict has inevitably sparked discussions and might set a precedent regarding the representation of movies in promotional content. The case highlighted the intricate balance between consumer expectations based on advertising and the creative liberties and marketing strategies exercised by filmmakers.
This ruling poses a pivotal query regarding the responsibility of filmmakers in ensuring that their promotional materials do not mislead audiences about the content of their films. While in this instance the court sided with the production house, the broader implications for advertising standards in the film industry persist as a topic of debate.
The incident serves as a cautionary tale for both consumers and creators within the film industry, showcasing the complex legal landscape wherein promotional content, consumer expectations, and cinematic expression intersect. The Supreme Court’s intervention in this matter reflects an acknowledgment of these complexities and sets a legal benchmark for similar disputes in the future.
