The High Court of Karnataka has decided to frame charges against film-makers Sarath Champati, Kalyan Varma, and Amoghavarhaa J.S. of the documentary “Wild Karnataka”, representatives of television channels Discovery India and BBC United Kingdom, and over-the-top streaming platform Netflix, for airing the film and its footage/clippings in violation of the court’s June 2021 interim order.
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The charges will also be framed against representatives of the film’s UK-based producer, Icon Films Ltd., distributor ITV Studios Global Distribution Ltd.
“At this stage, we are only considering the prima facie case to direct the accused to answer the charge. The material on record shows that even after the interim order, the footage was on air, no matter broadcast by whom. To record a precise finding with regard to the involvement of the accused, a trial is necessary. In our opinion, there is sufficient material on record to frame the charges against the accused,” the court observed.
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A Division Bench comprising Justice P.S. Dinesh Kumar and Justice T.G. Shivashankare Gowda passed the interim order on January 3 on a contempt of court petition filed by Ravindra N. Redkar and Ullash Kumar R.K., who had filed a PIL petition against airing of the film.
Background of case
The High Court, acting on the PIL petition, had on June 29, 2021, restrained the film-makers, their firm, Bengaluru-based Mudskipper Labs Pvt Ltd, and anyone from “using, publishing, reproducing, broadcasting, telecasting, marketing, selling, distributing, exhibiting or in any way dealing with the film or any part of it or the raw footage captured by the film-makers through their Memorandum of Understanding signed by the Karnataka Forest Department in 2014.”
It was alleged in the PIL petition, filed on June 22, 2021, and pending adjudication, that though the film was intended to be on a non-profit basis to promote conservation and for educational purposes, the film-makers had pocked millions of rupees by commercially selling it for profit without the knowledge or approval of the KFD.
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The film has been distributed in over 100 countries to airlines, broadcasters, networks, channels, streaming partners, and theatres without remitting any amount to Tiger Conservation Foundation (TFC) as was required by the terms of the MoU, it was alleged in the petition. The government in August 2022, had told the court that Principal Accountant General had been asked to audit the “Wild Karnataka” project.
Contempt petition
The petitioners filed a contempt of court petition in November 2021, alleging that initially, the footage of the film was telecast on Discovery channel in July 2021 in violation of the court’s order. Later, the petitioners impleaded BBC and Netflix.
The petitioners have alleged that Netflix had streamed some footage of the film during early 2023 and ‘BBC America’, a subsidiary of BBC, UK, had telecast the film/footage till December 2023 despite admitting that it had come to know about the court’s order way back in March-April 2023.
During earlier hearings on the contempt petition, Icon Films had offered to pay £15,000 to TCF and the court, at one stage, had suggested that it could consider giving quietus if other accused too consider paying a substantial amount to TCF under their Corporate Social Responsibility obligation.
Though some other accused, except a representative of BBC, submitted their proposal on donating to TCF, the Bench said that the fact remains that its June 2021 interim order stands violated while directing the accused to be present in the court or through video conference on January 8.