Promotional Trailers Do Not Transform Into Promises or Agreements Enforceable by Law: Supreme Cour

The Supreme Court of India delves into the legal nature of promotional trailers, examining whether they create contractual obligations or constitute unfair trade practices when their content is not included in the final movie.

Facts and Issues: The appellant, Yash Raj Films, used a promotional trailer featuring a song to advertise the movie “Fan.” The respondent, motivated by the trailer, watched the film expecting to see the song included. When the song was not featured in the movie, she filed a consumer complaint alleging deficiency of service and unfair trade practice. The complaint was dismissed at the district level but was subsequently upheld by the State and National Consumer Disputes Redressal Commissions, leading to this appeal.

Contractual Obligations: The Court emphasized that promotional trailers are unilateral communications that do not constitute legal offers or form contracts. Justice Pamidighantam Sri Narasimha stated, “Promotional trailers are unilateral and do not qualify as offers eliciting acceptance, and as such they do not transform into promises, much less agreements enforceable by law.”

Unfair Trade Practice: Regarding the claim of unfair trade practice, the Court found that the promotional trailer did not misleadingly promise the inclusion of the song in the movie. The judgment clarified, “The facts do not support a finding of unfair trade practice under the Consumer Protection Act, 1986.”

Freedom of Artistic Expression: The judgment also recognized the inherent artistic freedom in film production, noting that decisions on content inclusion are at the discretion of filmmakers and should be considered in evaluating allegations of deceptive marketing practices.

Decision: The Supreme Court overturned the lower courts’ decisions, ruling that the promotional trailer did not create a contractual obligation and its content not appearing in the final film did not amount to an unfair trade practice. The appeal by Yash Raj Films was allowed.

Date of Decision: 22nd April 2024

YASH RAJ FILMS PRIVATE LIMITED vs AFREEN FATIMA ZAIDI & ANR.