'High Threshold For Defamation, Must Prove Malice': Netflix Opposes In Delhi High Court Sameer Wankhede's Plea To Restrain Aryan Khan's Series

Netflix Entertainment on Thursday opposed before the Delhi High Court the defamation suit filed by IRS officer Sameer Wankhede over his allegedly defamatory portrayal in the Netflix series “Ba***ds of Bollywood” directed by Aryan Khan  

Senior Advocate Rajiv Nayyar appearing for the OTT platform submitted before Justice Purushaindra Kumar Kaurav that the threshold of defamation in such cases is very high which cannot be proved at an interlocutory stage.

“He has to pass it by proving (through trial). And if he proves, he will get damages,” Nayyar said.

“Merely showing that it (show) is by Shahrukh Khan's son Aryan Khan is not enough. He has to cross the threshold of proving malice,” he added.

Opposing Wankhede's interim injunction application, Nayyar said that the details about inquiries against Wankhede and extortion allegations have been in public domain and social media since 2022 and no action has been taken against such content.

“If it is in public domain since 2022 and he has not taken action then the law is that the Court won't come to aid and will not grant injunction. The remedy for damages is still available. But we are at interim stage and the suit is for damages. It will be adjudicated (in trial),” he said.

Further, Nayyar said that Wankhede “invites” media attention and criticism and that he is admitting that the series is satire but says “I am not bothered about satire but remove drug abuse.”

“If the theme is Bollywood and out of the seven episodes series, in one and half minute there is an indirect reference which he admits is satire then… you are so thick skinned when it comes to direct allegations against you but in one and a half minute something is said about you, you cannot countenance that?,” Nayyar argued.

“He says I invite criticism and public discussion about myself, I welcome it. The word is “I enjoy,"” he said.

He added that the theme of the show is to expose the Bollywood culture through satire and dark comedy, which cannot be injuncted in a defamation suit.

The Court asked Wankhede's counsel to place on record the details of the orders passed regarding the inquiries against Wankhede in ED and CBI cases, as well as note on the rejoinder submissions.

The matter will now be heard Tuesday.

The suit names the following as defendants: Red Chillies Entertainment Private Limited, Netflix, X Corp (formerly Twitter), Google LLC, Meta Platforms, RPG Lifestyle Media Private Limited and John Doe.

Wankhede has sought Rs. 2 crores as damages which will be donated to Tata Memorial Cancer Hospital for the treatment of Cancer patients.

The suit has been filed seeking permanent and mandatory injunction against the production house and others, against the allegedly “false, malicious, and defamatory video” broadcasted in the series.

It is Wankhede's case that the Netflix series has been “deliberately conceptualised and executed” with the intent to malign his reputation in a “colourable and prejudicial manner”, especially when the case involving him and Aryan khan is pending and sub-judice before the Bombay High Court and the NDPS Special Court.

It has also been averred that the series depicts a character making an “obscene gesture”, specifically, “showing a middle finger” after the character recites the slogan “Satyamev Jayate.”

This act, as per the suit, constitutes a grave and sensitive violation of the provisions of the Prevention of Insults to National Honour Act, 1971, which attracts penal consequences under law.

The suit further contends that the content of the series is in contravention of various provisions of the Information Technology Act and the Bharatiya Nyaya Sanhita (BNS), as it seeks to outrage national sentiment through the use of obscene and offensive material.

Case Title: SAMEER DNYANDEV WANKHEDE v. RED CHILLIES ENTERTAINMENTS PVT. LTD. & ORS