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2012 Supreme(SC) 757
Supreme Court of India
S.H. KAPADIA, SURINDER SINGH NIJJAR & J. CHELAMESWAR, JJ.
Bata India Ltd.
Versus
Prakash Jha Productions & Others
SLP(C) No.32998 of 2012
Decided on : 19-10-2012
The court held that using brand names in a song as societal commentary, without intent to besmirch reputation and unlikely to be taken literally, does not constitute an aspersion, provided a disclaimer is used to clarify that names are merely examples.
Headnote:(A) Civil Law - Defamation and Artistic Expression - Use of brand names in film songs - Intention to besmirch reputation - Whether mentioning names of business houses in a song to depict the state of society constitutes an aspersion - If the song is written in a manner to depict a view of society and lacks the intention to besmirch the reputation of any particular commercial enterprise, and the wordings are not likely to be taken literally, it should not be viewed as an aspersion.
(B) Disclaimer - Use of disclaimers in films and audio versions - To mitigate potential injury or disrespect, a disclaimer stating that names are used merely as examples is sufficient. Such disclaimer must also be included and aired in the audio version of the song.
Facts of the case:
A petition was filed regarding a song in a film that mentioned the names of certain business houses. It was contended that the lyrics were in poor taste and could harm the reputation of the named entities. A lower court had directed the use of a disclaimer stating that names were used as examples and no disrespect was intended.
Findings of Court:
The court found that although the wordings were in poor taste, there was no intention to besmirch the reputation of any specific business house. The song was an attempt to depict the producer's view of society and would not be taken literally by viewers.
Issues: Whether the use of business house names in a song intended as social commentary constitutes an actionable aspersion and whether a disclaimer is an adequate remedy.
Ratio Decidendi: Artistic expression aimed at societal commentary, lacking specific malicious intent to damage reputation and unlikely to be taken literally, does not warrant an injunction if accompanied by a clear disclaimer stating that names are used merely as examples.
Result: Special leave petition disposed of, with the addition that a disclaimer should be included and aired in the audio version of the song.
Legal Category Hierarchy
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tort
- defamation
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practice and procedure
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appeal
- special leave petition
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interim orders
- disclaimer directions
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appeal
Judgment :
Taken on Board.
Having heard learned counsel for the petitioner as well as learned counsel for the Respondent Nos.1-3 and having looked into the lyrics and the song in question, we are of the view that the same is in poor taste and the wordings indicating the names of certain Business Houses could have been avoided. However, we are also of the view that there does not appear to be any intention in the song to besmirch the reputation of any particular Business House or commercial enterprise and that the entire song has been written in a manner which attempts to depict the producer's view of the state of society today.
In a similar petition, which had been filed before the Calcutta High Court by the Birla Group, the learned Single Judge of the High Court had directed that the song, when played, was to be run with the following disclaimer:
"Use of the names of the song are merely as example. No injury or disrespect is intended to any particular person or brand."
We repeat that the song appears to have been written in the context of the theme of the film and ought not to be taken as any kind of aspersion against the persons named in the said song. We may also indicate that the Division Bench of the Calcutta High Court has maintained the Order of the learned Single Judge. We, however, add that such disclaimer should also be included in the audio version and that the same should be aired before the song is played. We also endorse the views expressed by the Division Bench of the High Court that the wordings of the song are not likely to be taken literally by the viewers.
The special leave petition is, accordingly, disposed of, but we make it clear that this Order shall not in any way affect the outcome of the suit pending before the Delhi High Court.
