Movie Producer Not Liable if Content Shown In Trailer is Not Included in Film, Says Supreme Court

The Supreme Court on Monday, April 22, said that the movie producer is not to blame if the content shown in the trailer is not included in the film.  A bench comprising Justices P S Narasimha and Aravind Kumar said that promotional trailers do not qualify as offers eliciting acceptance and do not transform into promises.

"Services involving art necessarily involve the freedom and discretion of the service provider in their presentation. This is necessary and compelling by the very nature of such services. The variations are substantial, and rightly so," the court said.

It also pointed out that the standard of such service must account for the creative element involved in such transactions. The court said that a promotional trailer is unilateral, and it is only meant to encourage a viewer to purchase the ticket to the movie, which is an independent transaction and contract from the promotional trailer.

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Acting on a plea by film producer Yash Raj Films Private Limited, the court set aside the National Consumer Disputes Redressal Commission's order, which held that a consumer would feel deceived if a song that is shown in the promotional trailer is not played in the film, thereby would amount to an unfair trade practice.

A teacher from Aurangabad, Afreen Fatima Zaidi, claimed they went to watch a movie Fan in 2016 due to a particular song in the promotional trailer. However, it was not in the movie.