Online streaming service provider Netflix has contradicted elusive diamond trader Mehul Choksi’s plea looking for review of the upcoming original series — Bad Boy Billionaires: India.
In its reaction filed on 21st September in the Delhi High Court, Netflix presented that pre-distribution censorship is “entirely impermissible”.
Choksi had moved to the high court in August asserting defamation, invasion of privacy and infringement of his fundamental rights under Article 21 and Article 14 of the Constitution. He had urged Netflix for a pre-screening of the show for the court and for him, and had additionally said that Netflix ought not release the segment referencing him while the cases against him stay forthcoming.
A single judge bench of the high court had, nonetheless, dismissed his appeal on August 28, allowing him the freedom to file a civil suit in a fitting court. Be that as it may, Choksi tested this judgment before a division bench of the high court.
In the interim, the series, which was booked for release for September 2, stands stayed by two lower courts — Bihar and Hyderabad — on independent pleas filed by Sahara Chairman Subrata Roy and B. Ramalinga Raju who can also be seen in the docuseries.
Reacting to the petition, Netflix informed the court that Choksi had appeared in an interview for the documentary to the maker, Minnow Films, in May 2019. Be that as it may, the meeting didn’t make it to the actual documentary. Choksi, nonetheless, asserted that he only learned about the docuseries when he saw the trailer for it on August 24, and that was the point at which he moved to the court.
Netflix has now attempted to discredit this submission, stating that his meeting shows that he knew about the docuseries being made. Netflix has additionally objected the way that Choksi filed a writ appeal in the high court to get help.
To this end, Netflix has called attention to that writ petition for enforcement of fundamental rights must be filed against public bodies and not against a private entity like Netflix. Fundamental rights under Article 21, including the right of reputation, can’t be implemented against private entities practicing in a private capacity, it said.
Netflix has likewise asserted that without any arrangement for guideline of OTT platforms, Choksi ought not to be permitted to control and direct its ability to speak freely through the high court’s unprecedented powers.