Ashutosh Dubey vs Netflix, Inc & Ors. on 5 May, 2020 19. In the episode in question the protagonist makes the impugned comment after facing a personal experience with a dishonest greedy lawyer. Having experienced an immoral character, the protagonist thereafter, while performing on the stage as a stand-up comedian makes a satirical comment about the lawyers in general. 20. As noted above the impugned comment is a satirical comment with regard to the lawyers taken as a class and is not with regard to any determinate definite or identifiable group of lawyers. 21. The web-series when viewed shows that it is a dark satirical comedy, attempting to expose the ills of various professions. The protagonist makes a statement as a stand-up comedy about the ills of various profession. 22. It is a known fact that a stand-up comedian to highlight a particular point exaggerates the same to an extent that it becomes a satire and a comedy. People do not view the comments or jokes made by stand-up comedians as statements of truth but take them with a pinch of salt with the understanding that it is an exaggeration for the purposes of exposing certain ills or shortcomings. 23. When the impugned episode is viewed it, prima facie gives an impression that the protagonist, after having suffered at the hands of a member of the legal profession who has tried to exploit him, make comments about the profession. The protagonist prima facie appears to be exaggerating the issue for the purposes of highlighting the ills of the profession. 24. One of the satirical techniques to criticise a particular subject or character is to exaggerate it beyond normal bounds so that it becomes ridiculous and its faults can be seen. Satire is a work of art. It is a literary work that ridicules its subject through the use of techniques like as exaggeration. It is a witty, ironic and often exaggerated portrayal of a subject. 25. Further, if an ad interim injunction is granted, it would amount to interference in the freedom of speech and expression guaranteed by our Constitution to the defendants. 26. The very essence of democracy is that a creative artist is given the liberty to project the picture of the society in a manner he perceives. One of the prime forms of exposing the ills of the society is by portraying a satirical picture of the same. Stand-up comedians perform that very purpose. In their portrayal they use satire and exaggerate the ills to an extent that it becomes a ridicule. In the humorous portrayal of the ills of the society the stand-up comedians use satire. 27. Furthermore, plaintiff has not been able to show that the impugned comment in any manner refers to the plaintiff or refers to a definite group of individuals or lawyers out of the entire class of lawyers to which the plaintiff belongs. 28. Neither has the plaintiff been able to show that the impugned comment refers to the plaintiff nor has the plaintiff even in the plaint pleaded that the comment refers to the plaintiff. It is also not the case of the plaintiff that the dialogue in the episode in any manner refers to the Plaintiff or that any person acquainted with the plaintiff has any reason to believe that there is any reference to the Indian Kanoon - http://indiankanoon.org/doc/170570619/ 7