Kerala High Court refuses to stay release of Malayalam web series ‘Anali’ on JioHotstar

The Kerala High Court recently refused to restrain the release/streaming of a Malayalam web series titled ‘Anali’ on the OTT platform JioHotstar.

Justice Bechu Kurian Thomas disposed of the plea reserving the liberty of the petitioner to pursue her appellate remedy under Rule 12 of the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules 2021.

“Since an alternative remedy exists, it is not appropriate to entertain this writ petition,” the court said.

Justice Bechu Kurian Thomas disposed of the plea granting liberty to pursue alternate remedy. 

‘Alternative remedy exists’

• As the representation submitted by the petitioner has been rejected, the petitioner has an alternative remedy under Rule 12 of the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules 2021.
• Since an alternative remedy exists, it is not appropriate to entertain this writ petition, especially on account of the nature of contentions urged.
• However, the petitioner can be given liberty to pursue the remedy available under Rule 12 of Rules.
• This writ is disposed of reserving the liberty of the petitioner to pursue her appellate remedy under Rule 12 of the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules 2021, in accordance with law.
• If any such appeal is filed, needless to mention, appropriate orders shall be passed without undue delay.

Plea by prisoner

• The court was hearing the plea filed by an accused Jollyamma Joseph who is in jail.
• She was aggrieved by a proposed web series, which is scheduled to be released through the OTT platform Jio Hotstar.
• She alleged that the web series is substantially inspired by incidents that are attributable to the criminal cases in which she is now in prison.
• She further alleged that the proposed web series will malign her, prejudice public opinion and even create an adverse situation for securing her conviction.
• Pointing out the above, she has preferred a representation before the Ministry of Information and Broadcasting.
• The said ministry forwarded the representation to the grievance cell of JioHotstar.
• Subsequently, JioHotstar rejected the representation.

Rule 12 of IT Rules

Rule 12 of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, empowers the Ministry of Information and Broadcasting to establish a grievance redressal mechanism. This includes self-regulation by publishers and an inter-departmental committee for oversight to ensure compliance with the Ethics Code.