- Red Chillies Entertainment called Sameer Wankhede's defamation suit legally untenable
- Ba***ds of Bollywood is described as satire with exaggerated characters not depicting Wankhede
- Red Chillies cited a CBI FIR against Wankhede to challenge his claim of an unblemished record
Red Chillies Entertainment has responded to the Delhi High Court's order to give written submissions in a petition filed by Indian Revenue Service (IRS) officer Sameer Wankhede, who wants an injunction against the Netflix series 'The Ba***ds of Bollywood'.
The production house owned by actor Shah Rukh Khan described Wankhede's defamation suit as "wholly misconceived, untenable in law, and devoid of merit."
Red Chillies Entertainment said the web series is "a work of situational satire" and does not name or depict Wankhede, or contain any defamatory material.
"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," Red Chillies Entertainment said.
"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," it said in a written reply to the Delhi High Court.
The production house challenged Wankhede's claim of an "unblemished record," and referred to a first information report (FIR) filed by the CBI against him in May 2023 for alleged extortion and corruption.
"The existence of the FIR and the necessity for interim protection undermine the plaintiff's claim of an unblemished reputation," Red Chillies Entertainment said. Even before the release of Ba***ds of Bollywood, Wankhede was already the subject of public ridicule and adverse commentary, the production house said.
Red Chillies Entertainment said the allegations are the content of a clip lasting for not more than 1.48 minutes, in which a police officer in plainclothes was seen merely portrayed as an overzealous officer.
It said the content constitutes artistic speech and satire protected under Article 19(1)(a) of the Constitution, and that any prior restraint or post facto censorship of such expression can only be justified under Article 19(2).
It was also submitted that Wankhede is a public official and those who occupy public positions must not be overly thin-skinned.
On the contents of the series, Red Chilies has taken a stand that the show touches upon various controversies in Bollywood such as nepotism, paparazzi culture, adultery and struggles faced by newcomers in the industry with undertones of satirical elements and parody.
"In the present case, not only the impugned clip but the entire series is a work of fiction and constitutes satire, which is a protected form of expression. Consequently, no injunction ought to be granted, as the Defendants have a prima facie defense based on situational satire, which cannot be summarily dismissed at this interlocutory stage," the production house said.
According to Red Chillies, the series carries an express disclaimer that the characters and events depicted are fictitious and satirical.
"Granting an injunction in such circumstances would set a dangerous precedent, engendering a chilling effect upon artistic and creative freedom, particularly when courts have consistently recognized that democratic discourse thrives upon satire, caricature and creative license," it said.
The Delhi High Court in the last hearing issued notice to Netflix, Red Chillies, and others on Wankhede's plea seeking a permanent injunction and Rs 2 crore in damages for alleged defamation.
