'Ba***ds of Bollywood Is Satire, Not Defamation': Red Chillies Opposes Sameer Wankhede's Plea Before Delhi High Court

Red Chillies Entertained has opposed before the Delhi High Court IRS Officer Sameer Wankhede's defamation suit over his allegedly defamatory portrayal in Netflix series “Ba***ds of Bollywood” directed by Aryan Khan.

In its reply to Wankhede's interim injunction application, the production company has said that the portrayal of the characters in the series is purely in the nature of satire and parody, and in no manner amounts to defamation.

“Moreover, even the allegations levelled against Defendant No. 1 are the contents of a clip, lasting for not more than one minute and forty-eight seconds, in which a police officer in plain clothes is merely portrayed as an overzealous officer. At the outset, it is apposite to state that there is nothing remotely defamatory about the said clip,” the response states.

Red Chillies has claimed that the content constitutes artistic speech and satire protected under Article 19(1)(a) of the Constitution of India and that any prior restraint or post facto censorship of such expression can only be justified under Article 19(2).

It has been submitted that Wankhede is a "public official" and those who occupy public positions must not be overly thin-skinned.

The response further states that in matters concerning defamation, courts must exercise exceptional caution while granting injunctions before trial, as pre-trial restraints amount to prior restraint on freedom of speech and expression.

On the contents of the series, Red Chilies has taken a stand that the show touches upon various controversies in the Bollywood industry such as nepotism, paparazzi culture, adultery and struggles faced by newcomers in the industry with undertones of satirical elements and parody.

“Being a work of satire, all characters in the said series are deliberately portrayed with exaggerated traits and mannerisms to elicit humor and highlight societal or situational absurdities. Satire, by its very nature, relies on overstatement, caricature, and hyperbole, and is not intended to convey factual assertions about any real individual. Such exaggeration is a recognized and protected form of expression, designed to entertain, provoke thought, and critique, and cannot, by itself, constitute defamation,” the response adds.

The matter was taken up for hearing today by Justice Purushaindra Kumar Kaurav who listed it for hearing on November 10 and asked all the parties to file their written submissions.

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