A film’s trailer is not an offer or a promise, only to create buzz: SC

The SC rules in favour of Yash Raj Films; no penalty on YRF for not including Jabra song in the 2016 Shah Rukh Khan-starrer Fan
Niharika Lal (BOMBAY TIMES; April 24, 2024)

On Monday, the Supreme Court said in a judgment that a film trailer is not an offer or a promise. A producer cannot be held liable for unfair trade practice if the contents of the promo do not feature in the actual movie. “A song, dialogue, or a short visual in a promotional trailer may be seen in the context of the multifarious uses of advertisements. These could be used to popularise or to create a buzz about the release of the film, rather than to purely represent information about the contents of the film,” a Bench headed by Justice PS Narasimha observed.

The SC held that there’s no deficiency in service because what was alleged in the complaint arose out of the complainant’s own expectation that the song would be a part of the movie.

“The fallacy in this argument is in assuming that a promotional trailer is an offer or a promise. It is under this misplaced assumption that the complainant has assumed that the subsequent formation of a contract to watch the movie is not in compliance with the promise allegedly made through the promotional trailer.” 

The Court observed that promo trailer not shown in the movie don’t amount to Unfair Trade Practice.

The background
The SC judgment on Monday set aside a 2017 NCDRC (National Consumer Disputes Redressal Commission) order, directing Yash Raj Films to pay Rs. 10,000 as compensation besides litigation costs to a moviegoer who complained that she was cheated and deceived because Jabra song which was shown in the trailer of the Shah Rukh Khan-starrer Fan was not shown in the film.

What did the SC judgment say?
In his order, Justice P S Narasimha said, "A promotional trailer is unilateral. 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. A promotional trailer by itself is not an offer and neither intends to nor can create a constructual relationship. Since the promotional trailer is not an offer, there is no possibility of it becoming a promise. Therefore, there is no offer, much less a contract, between the appellant and the complainant to the effect that the song contained in the trailer would be played in the movie and if not played, it will amount to deficiency in the service."