Supreme Court Rejects Plea on YRF Removing "Jabra Fan" Song

The case involved a complaint by Afreen Fatima Zaidi against Yash Raj Films regarding the exclusion of a song from the movie "Fan." Zaidi alleged that she felt deceived because she had seen the song "Jabra Fan" in the movie's promotional materials but it was not included in the actual film. She sought compensation and a direction for the song to be aired as part of the film's promotion.

The Supreme Court's decision focused on clarifying the nature of promotional trailers in the context of consumer expectations. The Court highlighted that promotional trailers serve to create excitement and interest in a movie's release but do not guarantee the inclusion of specific elements like songs or dialogues in the final product. Therefore, their absence in the movie does not constitute unfairness or deficiency in service from a consumer protection perspective.

The Court emphasized that a promotional trailer is essentially an invitation to viewers to watch the movie and is not a legally binding offer or contract. It reiterated that the transaction between a consumer and a movie production house occurs when the consumer purchases a ticket to watch the movie, and this transaction is separate from the promotional activities.

By setting aside the consumer disputes body's order, the Supreme Court clarified that consumers cannot claim compensation based on the content of promotional trailers, as they do not form part of the contractual agreement between consumers and film producers. This ruling provides clarity on the legal status of promotional materials in the entertainment industry and reinforces the principle that promotional trailers are marketing tools rather than contractual commitments.

April 22, 2024 11:43 p.m. 131

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