The Delhi High Court has declined to grant an interim stay on the airing of the Netflix series “Tribhuvan Mishra CA Topper,” responding to concerns that the show allegedly portrays the chartered accountancy profession in a derogatory manner. The decision came after the Institute of Chartered Accountants of India (ICAI) and four chartered accountants filed a plea alleging that the series could defame the profession.
Justice Navin Chawla, after reviewing the trailer, stated that he saw no immediate reason to believe that the series disparaged the chartered accountancy profession. The judge remarked, “It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy or the toppers or rank holders in the examination.”
The plaintiffs had expressed their dissatisfaction with the portrayal of their profession in the series trailer, which was released on July 18. They argued that the trailer depicted the profession in an “extremely vulgar and derogatory” manner and was thus illegal and violative of their constitutional rights. The ICAI also reported receiving emails from members upset by the content, which they claim included inappropriate innuendos and references.
In response, the counsel for Netflix asserted that “Tribhuvan Mishra CA Topper” is entirely fictional and includes a disclaimer stating it does not reference any real individuals, living or dead. Additionally, Netflix agreed to include a specific disclaimer within five days to clarify that the series does not refer to any particular profession.
Also Read
The judge emphasized the importance of artistic freedom, stating that commercial speech, even in artistic forms, should not be curtailed based on an “oversensitive approach.” This decision underscores the delicate balance courts often must maintain between protecting professional dignity and upholding freedom of expression in artistic works.
