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IPR CoRneR The AIB Knockout Case: How much is too much !! Shows come up all the time, some are funny, some romantic and some dramatic. What happens when a show comes up that is brutally honest. It says all the things we have all been thinking and steps on a lot of toes! Where is the line between being funny and offensive? Who gets to decide the “limit” of what can be said in the name of humour?

ecently AIB which is an celebrity, and made comments on him/ her Police lodged FIR against the organizers of Indian Comedy Group is which were allegedly rude, nasty and the show. It has also been reported that making the headlines for offensive. The show was uploaded on complaints have been received all over the its roast show AIB YouTube and received over four million country and FIRs have been lodged against Knockout Championship views in a matter of four days. the attendees of the show as well including which was organized on Bollywood celebrities. Following the show being aired on December, 2014 and YouTube, the same has landed in some Maharashtra's Minister for Cultural Affairs featured celebrities like Karan Johar, R legal trouble and is facing controversies. Vinod Tawde remarked the "vulgarity" of Ranveer Singh and Arjun Kapoor. The the show "a crime" and remarked that "we format of the show presented roast form of In view of alleged filthy and abusive will register an FIR against them as they comedy, where a celebrity guest was language being used in the AIB Knockout, appear to have performed without any brought on stage and comedians and peers several complaints were filed with the performance license. Such vulgarity is a “roast” him/her. They pickedup on the Mumbai Police. Consequently, the Mumbai crime and based on facts which will

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emerge, the government will file a case from making any law, in so far as such Vikrant Rana is against them." law imposes reasonable restrictions on the managing the exercise of the right conferred by the partner of S.S Rana The mounting complaints has now & Co., a premier said sub clause in the interests of the compelled Maharashtra Government to Intellectual Property sovereignty and integrity of India, the even consider a probe into the AIB Law Firm of India. security of the State, friendly relations He is an Advocate- Knockout event. Moreover, it has gone with foreign States, public order, on-Record with the so far now that a Magistrate Court in decency or morality or in relation to Supreme Court of Bombay has asked a Police station to India (2006) and is contempt of court, defamation or file a FIR against 14 people including a registered patent incitement to an offence. but not limited to DeepikaPadukone, agent. For over a decade, Vikrant has Alia Bhatt, Ranveer Singh, Arjun In view of the present context, it would been providing practical legal advice to many Kapoor, Karan Johar and organizers and be relevant to analyse the limits of Fortune 500 companies and some of the world’s participants of the Roast. It has stirred decency and morality. In several cases, most esteemed corporations on securing, up some serious legal trouble for AIB the Indian Courts while adjudging a protecting, and enforcing their IP assets in India and also led to massive controversies in matter relating to obscenity and public and world over. the film industry and media alike decency and morality have made He is actively involved in sensitizing awareness on regarding the kind of jokes that were reference to the test laid down by Intellectual Property Rights in India and is associated with several government organizations cracked at the expense of many people Cockburn C.J. in Queen v. Hicklin including the TIFAC, Department of Science and and the message it sends out to the [(1868) L.R. 3 Q.B. 360], wherein the Technology, Patent Facilitating Centers (PFC), Patent youth of the country. Judge stated “I think the test of Information Centers (PIC), FICCI, Ministry of Small obscenity is this, whether the tendency Scale Industries (MSSI), CII, WIPO, TERI, IIM Reportedly in the FIRs the celebrities, of the matter charged as obscenity is to Ahmadabad, BHU etc. and is a frequent speaker organizers and even members of the deprave and corrupt those whose minds and panelist in seminars and conferences conducted audience have been charged for various by these organizations. He is a member of several are open to such immoral influences, offences under the provisions of the law associations and forums including INTA, FICPI, and into whose hands a publication of Indian Penal Code and the Information APAA and AIPPI. this sort may fall. . . . .”The Judge Technology Act including inter alia further remarked that “it is necessary a Nidhi Chopra is an criminal offences like criminal balance should be maintained between Associate in the conspiracy, punishment for acts freedom of speech and expression and Litigation intended to insult the modesty of department of S. S. public decency and morality but when women and punishment for publishing Rana & Co. She the latter is substantially transgressed information which is obscene in obtained her B.B.A. the former must give way.” LL.B. from Symbiosis electronic form. International CONCLUSION University, Pune. LIMITS ON THE FREEDOM OF SPEECH The makers and the attendees of the She is well versed in AND EXPRESSION show would have never thought that a aspects of Trade Article 19 of the Indian Constitution Marks, Copyrights, comedy show would land them in such protects people and their right to and Arbitration and an indictment and criminal charges express and speak freely. regularly advises clients on such issues. She has a would be levelled against them. The flare for writing and regularly submits articles and However, the constitutional provisionis Courts are yet to decide whether the journals as well as writes for the firm’s weekly guarded by some “reasonable impugned AIB Knockout show newsletter IPConnectTM. restrictions” and under few stipulated transgressed the limits of decency and parameters limits the freedom of morality as enumerated under Article expression of the media and press. 19(1)(a)(2) of the Constitution. The These restrictions come under the forms decision and the observations of the of subjective terms such as “decency or Court in this case would go a long way morality”. The relevant law is in defining the limits of the freedom of reproduced under: speech and expression in case of TV shows involving celebrities in light of 81/2, 2nd & 3rd Floors, Aurobindo Marg, Adhchini, Article 19(2): Nothing in sub clause (a) the impact and influence celebrities New Delhi 110016, India of clause ( 1 ) shall affect the operation have on the youth of the country. w T: +91-11-3056 2000 of any existing law, or prevent the State

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