News By/Courtesy: Pushpit Singh | 05 Jan 2020 13:37pm IST

HIGHLIGHTS

  • Division Bench of Chief Justice Abhay Shreeniwas Oka and Hemant Chandangoudar upheld the rights of the directors/producers of the movie under Article 19 of the Constitution.
  • Moreover, the Court observed that no couple will form its opinion based on one movie in such matters
  • The choice to opt for the service of an IVF centre by a couple is a “serious business”

The Karnataka High Court dismissed a petition that sought a stay on the release of a Hindi film titled Good Newwz.

 While doing so, the Division Bench of Chief Justice Abhay Shreeniwas Oka and Hemant Chandangoudar upheld the rights of the directors/producers of the movie under Article 19 of the Constitution.

Moreover, the Court observed that no couple will form its opinion based on one movie in such matters. The choice to opt for the service of an IVF centre by a couple is a “serious business”. Given the fact that there are a large number of such IVF centres now, such an important decision will not be influenced by one movie having a short life, the Court opined.

The petitioner before the Court was Sameer Raza, the President of a Mysore-based Non Profit Organization (NGO) called Yes Trust.

The petitioner had pointed out that the film's promos show that there are chances of semen mix-up in assisted pregnancy. This creates confusion among the public, it was argued.

The petition also stated that Good Newwz promoted Indira IVF centre, a fertility service provider. While doing so, it tends to question the credibility of other IVF centres. The PIL further stated that at the end of the promo, the lead actors collectively made a declaration that, “to avoid the confusion of mixing up the sperms, be sure with Indira IVF…”

The petition reads,

"The producers of the film are well within their rights to give publicity to Indira IVF but, not by directly stating that, the procedure of IVF in other centres run by different people are not safe. The declaration [by the lead actors] indirectly stated that, there will be a chance and there will be confusion regarding the mixing up of sperms and eggs in centres other than India IVF." - PIL on stay of "Good Newwz"

The petition further raised a concern that since the film is about two couples struggling to have a child through IVF treatment, portraying the same in a bad light would create a lot of confusion and uncertainty about the credibility of IVF treatment and its procedure in general. This could cause emotional distress to childless couples, the petitioner urged.

Additionally, the PIL also points out that the Central Board of Film Certification (CBFC) had erred in its duty towards the public by allowing the producers to screen the Akshay Kumar and Kareena Kapoor starrer on December 27, 2019. The CBFC has not taken into consideration the guidelines prior to the release of a movie, the petitioner claimed.

If the movie contains any visuals or words which affects human sensibilities depravity, or public order is endangered or visuals or words involving defamation of an individual or a body of individuals, then such a movie shall not be certified to be screened by the CBFC, the petition further avers.

Advocate P N Hegde appeared for the petitioner in the matter.

Senior counsel and Advocate General for Karnataka, Prabhuling K. Navadgi along with Rajendra Prasad, senior partner, ANM Global Inc appeared on behalf of Zee Studios.

M/s Wadia Gandhi appeared for Dharma Productions, and K.S. Suman for ICUL appeared for Cape of Good Films.

Section Editor: Prithvijit Mukherjee | 05 Jan 2020 22:55pm IST


Tags : #GoodNewz #KarnatakaHC

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