Red Chillies Entertainment Defends 'Ba***ds of Bollywood' Against Sameer Wankhede's Defamation Suit: A Legal Battle Over Satire

Red Chillies Entertainment has issued a firm response to the Delhi High Court regarding IRS officer Sameer Wankhede's petition against Netflix series 'The Ba***ds of Bollywood'.

The production company, owned by Shah Rukh Khan, firmly characterized Wankhede's defamation lawsuit as "wholly misconceived, untenable in law, and devoid of merit" in their written submission to the court.

According to Red Chillies Entertainment, the web series represents "a work of situational satire" that neither names nor portrays Wankhede specifically, nor contains any defamatory content directed at him.

The production house emphasized that "Being a work of satire, all characters in the said series are deliberately portrayed with exaggerated traits and mannerisms to elicit humor and highlight societal or situational absurdities."

They further explained that "Satire, by its very nature, relies on overstatement, caricature, and hyperbole, and is not intended to convey factual assertions about any real individual. Such exaggeration is a recognized and protected form of expression, designed to entertain, provoke thought, and critique, and cannot, by itself, constitute defamation."

Red Chillies contested Wankhede's claim of an "unblemished record," referencing a CBI FIR filed against him in May 2023 alleging extortion and corruption. "The existence of the FIR and the necessity for interim protection undermine the plaintiff's claim of an unblemished reputation," they stated, adding that Wankhede was already subject to public criticism before the series' release.

The production company noted that the allegations focus on content from a brief 1.48-minute clip showing a plainclothes police officer portrayed as overzealous. They argued this constitutes protected artistic speech and satire under Article 19(1)(a) of the Constitution.

They also emphasized that as a public official, Wankhede should not be "overly thin-skinned" regarding such portrayals.

Red Chillies described the series as addressing various Bollywood controversies including "nepotism, paparazzi culture, adultery and struggles faced by newcomers in the industry with undertones of satirical elements and parody."

"In the present case, not only the impugned clip but the entire series is a work of fiction and constitutes satire, which is a protected form of expression. Consequently, no injunction ought to be granted, as the Defendants have a prima facie defense based on situational satire, which cannot be summarily dismissed at this interlocutory stage," they argued.

The production house highlighted that the series carries an explicit disclaimer identifying characters and events as fictitious and satirical.

They warned that "Granting an injunction in such circumstances would set a dangerous precedent, engendering a chilling effect upon artistic and creative freedom, particularly when courts have consistently recognized that democratic discourse thrives upon satire, caricature and creative license."

The Delhi High Court previously issued notices to Netflix, Red Chillies Entertainment, and others regarding Wankhede's plea seeking permanent injunction and Rs 2 crore in damages for alleged defamation.