The Supreme Court has ruled that film trailers are not legally enforceable promises or agreements. In a judgment, the court held that a producer cannot be held liable for unfair trade practice if the promo content does not match the actual movie.
According to Justice P.S. Narasimha, who headed the Bench, elements like songs, dialogue, or short visual shots in a promotional trailer are part of various advertising techniques used to generate excitement and promote the film’s release, rather than solely represent factual information about its contents.
This judgment overturns a 2017 order from the National Consumer Disputes Redressal Commission, which directed Yash Raj Films to compensate schoolteacher Afreen Fatima Zaidi with ₹10,000 and cover litigation costs. Ms. Zaidi had filed a complaint regarding the exclusion of a song from the Bollywood movie “Fan.”
The Supreme Court Bench, comprising Justices Narasimha and Aravind Kumar, dismissed the appeal filed by Yash Raj Films, stating that there was no “deficiency” in service and that the complainant had mistakenly assumed a promotional trailer to be an offer or promise.
The apex court emphasized that promotional trailers are unilateral and solely aim to encourage viewers to purchase movie tickets, which is a separate transaction and contract from the trailer itself. Justice Narasimha clarified that a promotional trailer, by itself, does not constitute an offer and cannot establish a contractual relationship.
