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Yash Raj Films Private Limited vs. Afreen Fatima Zaidi & Anr.

Not available · 2024 INSC 328Decided 22 Apr 2024
Not available
Justice Pamidighantam Sri Narasimha

Background

Yash Raj Films produced the 2016 movie "Fan" and released a promotional trailer/teaser that included a particular song. The respondent, a schoolteacher, watched the promo, was drawn in by the song, and went to watch the film in theatres, only to discover the song was not actually part of the movie. Feeling cheated, she filed a consumer complaint alleging deficiency of service and unfair trade practice, and the consumer courts ruled in her favour.

Decision Breakdown

The Supreme Court held that a promotional trailer is a unilateral publicity tool, not an "offer" capable of being "accepted" so as to create a binding contract or promise enforceable by law. It also held that the facts did not amount to an "unfair trade practice" under the Consumer Protection Act, since there was no false or misleading representation made with intent to deceive, and creative works like films necessarily involve artistic discretion in final presentation that can differ from promotional material. The Court set aside the consumer forums' findings of deficiency of service and unfair trade practice, and allowed the film company's appeal.

Lesson Learnt

A movie trailer or promotional teaser is not a legally binding promise about the final film's content: viewers cannot sue for "deficiency of service" simply because a scene or song shown in promotional material does not appear in the released film.

Official source (sci.gov.in)View Judgment (PDF)

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