FIR AGAINST SONY LIV FOR DISPLAYING A LOGO THAT RESEMBLED THE LOGO OF KUCB IN THE 1992 SCAM SHOW

The owner of SonyLIV approached the Bombay High Court seeking quashing of an FIR lodged against it by Karad Urban Cooperative Bank (KUCB). The complainant alleged that one of the episodes of Scam 1992, the Harshad Mehta story on SonyLIV, displayed a logo that resembled the logo of KUCB, causing serious damage to the bank.

The Pune police registered an FIR u/s 500 of the Indian Penal Code, section 102, 107 of the Trademark Act and section 66c, 43b of the Information Technology Act.

SonyLIV contended that it has merely broadcasted a show that is owned and produced by Applause Entertainment Pvt Ltd. Moreover, a disclaimer against all the liabilities was aired at the start of every episode.

SonyLIV further stated that the show used a pseudonym for bank of Karad - Bank of Karaj. But KUCB's involvement in the scam is well known in public. Therefore there was no intention to malign the name of the bank.

Sony sought quashing of the First Information Report on the following grounds:

1. The logo appeared for few seconds, the police initiated criminal law, including non-cognizable offences,

2. KUCB filed the FIR with an ulterior motive

3. Absurd and baseless FIR, no prudent man would ever reach a conclusion that there is sufficient ground to initiate investigation against SonyLIV.

4. No FIR can be registered for defamation.

The Bench of Justice SS Shinde and Justice Naj Jamadar directed the police not to take any coercive action against SonyLIV and listed the matter on 23rd August 2021. 

Author: Papiha Ghoshal