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Supreme Court of India 2024-07-08 dismissed

Nipun Malhotra vs Sony Pictures Films India Private Limited & Ors

Bench: 2 — Dhananjaya Y Chandrachud, J B Pardiwala

In Brief

The Supreme Court dismissed an appeal challenging the 'U' certification of the film 'Aankh Micholi' by Sony Pictures, which a person with arthrogryposis claimed perpetuated harmful stereotypes about persons with disabilities. While upholding filmmakers' freedom of expression, the Court held that this right does not permit content that disparages marginalized groups. However, where the overall film message justifies such portrayal, it remains protected speech. The Court declined to mandate beeping of scenes, require awareness films, or compel the inclusion of disability experts in certification bodies, finding such measures would constitute judicial overreach into policy-making. The Court instead articulated a framework emphasizing accurate, dignified, and contextual representation of persons with disabilities in visual media, avoiding disabling language and stereotypes while respecting the social model of disability.

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Constitutional Law Disability Rights Freedom of Speech and Expression Film Certification Stereotyping and Discrimination Fundamental Rights Cinematograph Act

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