The Kerala High Court stayed the release of the controversial film The Kerala Story 2: Goes Beyond on Thursday, February 26. The court observed that the teaser of the film, which is scheduled for release on February 27, has the “prima facie potential to distort public perception and disturb communal harmony.”
“…the very content in the teaser itself, which is conceded to be part of the movie, has the prima facie potential to distort public perception and disturb communal harmony,” the court said, according to Live Law.
According to Bar and Bench, the court also noted that, prima facie, the Central Board of Film Certification (CBFC) did not follow the guidelines while granting certification to the film.
The CBFC had granted a UA 16+ certificate to the film, allowing teenagers to watch it under parental guidance. However, when the petitioners objected to the film’s promotional content — including the teaser and trailer — the makers contended that the provocative content shown in them would not feature in the film. When the judge had earlier expressed interest in watching the film before deciding on the petitions, the makers declined to screen it, compelling the court to rely on transcripts of the teaser and trailer.
A day earlier, the court had questioned the CBFC regarding its jurisdiction over teasers and trailers released online. The certification body stated that it has no authority over content shared on the internet.
Rejecting the argument that a stay would hamper the filmmaker’s freedom of expression, the court observed that “dissemination of content which has a tendency to create discord, disturb law and order, and even undermine social harmony cannot come within the gamut of freedom of speech and expression enshrined in Article 19(1)(a) of the Constitution.”
Granting an interim stay on the film, Justice Bechu Kurian Thomas directed the CBFC to consider the petitioner’s representation and decide the matter within two weeks. Three pleas were filed before the court challenging the film’s certification and seeking to stall its release over its controversial portrayal of the Muslim community and the state of Kerala.