The Delhi High Court‘s Chief Justice DN Patel and Justice Jyoti Singh wondered what was the urgency in the matter of fugitive businessman Mehul Choksi’ appeal against a single judge order on the Netflix series Bad Boy Billionaires.

Hearing the plea through video conferencing, the judges noted, “The series is already released, what is the urgency in the matter?”

Choksi had challenged the single judge’s order dismissing his petition stating that he can file a civil suit as what is being alleged in the Netflix series is an infringement is a private right and can be exercised in a civil suit. He said 3 of 4 episodes have been released. 

Senior Advocate Neeraj Kishan Kaul, appearing for Netflix, contended,

“It is a docu-series, what is the violation, his role is only a 2-minute role as the uncle of Nirav Modi, how is his proceedings being affected?”

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Whereas, the Senior Advocate, appearing for Mehul Choksi, submitted, “On the last date of hearing every single question raised are answered.” The bench has listed the matter for further hearing on February 12.

By Dilip Bobb

Is it a case of going over the top? It may well be, quite literally, after the I&B ministry announced last week that digital services, called over-the-top (OTT) platforms, will now come under government regulations and rules. The order also embraces digital news sites, many of which have been critical of the NDA government. While there is a lack of clarity on what these regulations entail, it means that streaming services like Netflix, Amazon Prime, Hotstar and others now answer to Prakash Javadekar, the minister for information and broadcasting. Basically, it amounts to yet another Orwellian Big Brother Knows Best moment, of which there have been many in the recent past.

The government’s decision comes less than a month after the Supreme Court sought the centre’s response on a public interest litigation seeking regulation of OTT platforms by an autonomous body. In almost all cases, the government’s “concern” has been sparked by court cases and complaints filed to the police alleging that some content was obscene or insulted religious sentiment.

Netflix’s first Indian original series, Sacred Games, faced a court challenge last year over “offensive scenes” and derogatory remarks about a former Indian prime minister. The case was dismissed, but shortly after, Ramesh Solanki, a former Shiv Sena politician, filed another police complaint alleging that Netflix series like Sacred Games, Leila and Ghoul “defamed” Hindus, India and the Indian army.

In some cases, OTT players had already introduced some sort of self-censorship, knowing how sensitive the government is to criticism. Disney-Hotstar had blocked an episode of the comedy talk show Last Week Tonight With John Oliver, which was critical of Prime Minister Narendra Modi. The signs are not encouraging and lower courts in India have not helped. The highly acclaimed Netflix documentary Bad Boy Billionaires India was stalled following multiple cases filed across India. The series documents the rise and fall of Vijay Mallya, Nirav Modi, Subrata Roy and Ramalingam Raju of Satyam Computers. Following an appeal by Raju, a lower court stopped the episode relating to his alleged wrongdoing.

The online space is governed by the Information Technology Act, 2000, some parts of which were struck down by courts as unconstitutional. However, the government is still empowered to block, filter and take down content online or even turn off internet access completely. These options have been exercised regularly. Currently, there is no law or autonomous body governing digital content.

In October 2019, the government had asked the OTT platforms to come up with a self-regulatory body. Anticipating the government’s intervention, in January 2019, eight video streaming services had signed a self-regulatory code that laid down a set of guiding principles for content on these platforms. The code adopted by the OTTs prohibited five types of content. This includes content that deliberately and maliciously disrespects the national emblem or national flag, any visual or storyline that promotes child pornography, any content that “maliciously” intends to outrage religious sentiments, content that “deliberately and maliciously” promotes or encourages terrorism and, lastly, any content that has been banned for exhibition or distribution by law or a court.

Hotstar, along with Jio, SonyLIV, Network 18 and Eros has set up an adjudicatory council, called the Digital Content Complaint Council (DCCC), to moderate content on OTT platforms and avoid coming under government censorship. Netflix did not join the DCCC.

At present, the Press Council of India regulates the print media, the News Broadcasters Association represents news channels, while the Central Board of Film Certification monitors films.

India joins a number of countries that have enforced or are mulling regulation of streaming platforms. Singapore is the most censored market for Netflix as it has the highest number of pull-out requests made by any country. Five shows were taken down in Singapore—the highest among all the countries that requested pull-outs. Saudi Arabia is another highly censored market. On January 1, 2019, Saudi Arabia pulled out an episode of the comedy show Patriot Act starring Hasan Minhaj, which was critical of Crown Prince Mohammed bin Salman relating to the murder of journalist Jamal Khashoggi. Netflix and Amazon Prime Video are banned in China. In Indonesia, Telekom Indonesia, the state-owned telecom provider, has blocked Netflix since 2016, with the justification being that the streaming platform has not complied with Indonesian regulations that govern media content. Last year, Turkey granted its radio and television watchdog, the Turkish Radio and Television Supreme Council, sweeping oversight over online content, which includes streaming platforms. The reason given was to protect moral order in the country.

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The move to regulate digital media in India is not new. It was first initiated in March 2018 by then minister for I&B Smriti Irani. Digital media refers to any information that is broadcast over a screen, or via the internet. Irani’s initiative set the ball rolling for moves to curb the freedom of digital and online media. Javadekar has ardently embraced her agenda and now seems all set to take it a step forward by shifting the goalposts.

New Delhi: The Delhi High Court today issued a notice on a petition filed by Mehul Choksi, challenging the order of a single judge bench dismissing his petition seeking a preview of Netflix’s ‘Bad Boy Billionaires’.

A divisional bench comprising Chief Justice D.N. Patel and Justice Prateek Jalan, while hearing the matter through video conferencing, noted: “We are not passing any interim order.”

The petition has been filed by Mehul Choksi, challenging the order of the single-judge bench in which Mehul’s petition was dismissed by Justice Navin Chawla, stating that he can file a civil suit as what is being alleged as an infringement by him is a private right and can be exercised in a civil suit. The bench further refused to grant him a preview, stating that there are no regulations to control the content being streamed on OTT platforms, citing a similar order passed by the division bench of the high court in a different matter.

Advocate Vijay Aggarwal, appearing for Mehul submitted that his petition was dismissed on the ground that it is my private right and the matter is not maintainable, whereas, I submit that it is my constitutional right and the matter is maintainable. He further added that the series states, “Investigative docuseries, explore the greed, fraud, and corruption that built up- and ultimately brought down- India’s most infamous tycoons.”

The petitioner submitted: “I’m facing trial and my trial will be fugitive. In 3 FIRs I’m co-accused, chargesheet has been filed.”

Justice Prateek Jalan inquired if the chargesheet has been filed in the cases. The petitioner submitted:

“There are a number of cases, in a couple of them chargesheets have been filed, while in a couple of them, not.”

The Chief Justice stated: “You are already enjoying the stay.” The counsel submitted: “Stay is on the proceedings against me. Nowhere in this issue.”

Justice Jalan also stated: “You are not held as accused in the chargesheet.” The petitioner said: “But I’m under investigation, and under article 21, I have the right to a fair trial and fair investigation.”

At this the Chief Justice said: “OK. We are issuing notice, let the other side point out.”

Senior Advocate Neeraj Kishan Kaul, appearing for the respondents, stated that it was an individual series and the single judge bench stated that “OTT platforms cannot be regulated, if you have a remedy then file a civil suit.” No party can come to the court and say, first satisfy me.

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The bench has listed the matter for September 23.

Kaul further added: “We are just opposing any interim order.” At this the Chief Justice stated: “We are not issuing any interim order.”

-India Legal Bureau

New Delhi: The Delhi High Court today has dismissed the plea by fugitive Indian Businessman Mehul Choksi seeking a preview of Netflix’s “Bad Boy Billionaires” releasing on September 2.

A single-judge Bench of Justice Navin Chawla has said he can file a civil suit as what is being alleged as an infringement by him is a private right and can be exercised in a civil suit.

The Court also refused to grant him a preview stating that there are no regulations to control the content being streamed on OTT platforms, citing a similar order passed by the division bench of the high court in a different matter.

The Netflix series will shed some light on the lives of fraud-accused businessmen Vijay Mallya, Mehul Choksi, his cousin Nirav Modi, among others and will explore what built up and brought down some of India’s most infamous business tycoons. The businessman, Choksi and others are being probed by the ED on money laundering charges in connection with an over US $2 billion alleged bank fraud at a Punjab National Bank (PNB) branch in Mumbai.

The petition, filed by lawyer Vijay Aggarwal, said that Choksi got to know of the documentary’s release on August 24 when he saw the trailer. As the Netflix series features Choksi’s nephew Nirav Modi who’s also the co-accused in the case, it may prejudice the investigation and trial against him. He had sought a direction to restrain Netflix from releasing the portion which would be prejudicial to his rights of fair investigation and trial.

On the previous hearing, Senior Advocate Neeraj Kishan Kaul on behalf of Netflix informed the Court that only two minutes out of the entire series are devoted to Mehul Choksi. The show is on Nirav Modi and whatever is shown is already in public domain.

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Mr Kaul had also questioned the validity of the petition, and stated that Netflix being an OTT platform which aren’t regulated by government authorities, petitioners could have either filed a suit or made a representation as per Section 69A of the Information Technology Act.

-India Legal Bureau

New Delhi: Fugitive Indian Businessman Mehul Choksi has approached the Delhi High Court seeking a preview of Netflix’s “Bad Boy Billionaires” releasing on September 2.

A single judge Bench of Justice Navin Chawla has asked Netflix to reply on the matter and has decided August 28, to be the next date of hearing.

The Netflix series will shed some light on the lives of fraud-accused businessmen Vijay Mallya, Mehul Choksi, his cousin Nirav Modi, among others and will explore what built up and brought down some of India’s most infamous business tycoons. The businessman, Choksi and others are being probed by the ED on money laundering charges in connection with an over US $2 billion alleged bank fraud at a Punjab National Bank (PNB) branch in Mumbai.

During the hearing today, Advocate Vijay Aggarwal appearing for Choksi stated that the only request being made that they be allowed a preview before the series is released. As the Netflix series features Choksi’s nephew Nirav Modi who’s also the co-accused in the case, it may prejudice the investigation and trial against him. He has therefore, In his plea also sought a direction to restrain Netflix from releasing the portion which would be prejudicial to his rights of fair investigation and trial.

Senior Advocate Neeraj Kishan Kaul on behalf of Netflix informed the Court that only two minutes out of the entire series are devoted to Mehul Choksi. The show is on Nirav Modi and whatever is shown is already in public domain.

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Mr Kaul also questioned the validity of the petition, and stated that Netflix being an OTT platform which aren’t regulated by government authorities, petitioners could have either filed a suit or made a representation as per Section 69A of the Information Technology Act.

-India Legal Bureau