Interview with Lavin Hirani

Lavin Hirani, LLM(UK), LLB, is an esteemed Media & Entertainment Lawyer at Naik Naik & Co. Advocates. His practise areas include Intellectual Property and Media, Criminal Law, International and Domestic Arbitration, Media and Entertainment, Civil Law, Corporate and Commercial Law, Economic Law and European Competition.

In the interview with LIG Reporter, Lavin Hirani speaks about his experiences as an Entertainment and Media lawyer, including cases involving Bigg Boss and Knockout. Read on to know what he had to say about diverse topics, from the legal literacy rate to social media.

LIG Reporter: What is your natural response after hearing the Information and Broadcasting Ministry’s attempt to regulate reality TV serials?

Lavin Hirani: Retro-active! What else could one say? Since the matter is still before the Hon’ble Bombay High Court, all I can say at this point is that every person, including companies, needs to be given an opportunity to be heard before deciding against them, especially when such decisions could involve causing huge losses not just to the party involved but also to the third parties involved and also the public in general.

LIG: Please tell us something about yourself and what made you think that you should spend the rest of your life practicing and understanding law?

Lavin Hirani: I’ve always been interested in the profession. Having been from a family of lawyers, I always got a ring side view of what is the life of a lawyer like. I have always been someone who is interested in various aspects involved in being a lawyer including the litigation part which I am very much enjoying at this point in my life.

LIG: Your biggest challenge as an Entertainment/Media lawyer? Please tell us about some challenging projects, including the current Bigg Boss one.

Lavin Hirani: Before I answer your question I would like to explain to your readers what exactly are the vagaries of being a Media/Entertainment lawyer since as far as India is concerned, Entertainment Law is a relatively new subject, although a very interesting one. Entertainment Law deals with constructing agreements ranging from production of films, endorsement deals, talent agreements, lien agreements and much more in addition to the litigation part of it, which might be anything from another party suing you over infringement of copyrights, unpaid promises or dealing with regulatory interventions just like in the recent case of Bigg Boss where the channel was ordered to changed its broadcast time from its current prime time slot  to the late night slot of 11pm to 5 am.

Well, as far as my experience is concerned, I have been working in the Media/Entertainment Sector for 6-7 months now and it has been an exhilarating one. I have been part of a few last minute litigations wherein I was assisting Mr. Ameet Naik of Naik Paranjpe & Co. in matters dealing with copyright infringements and in issues relating to protecting interim applications against films of our Clients from being released while also being part of transactions involving some future film projects and deals.

LIG: Please tell us something about your firm’s ‘Knockout’ case against Century Fox.

Lavin Hirani: The Knockout case is lis pendens and thus sub-judice which is why I would not be able to give you a full insight into the merits of the case and our contentions in the same. The case has not been decided yet however our firm was able to get an order by the Division Bench of the Hon’ble Bombay High Court overturning an order restraining the release of the said film within a few hours of the order passed by the Hon’ble Single Bench way past the usual working hours of the Hon’ble High Court, which itself was a remarkable feat in my view.

LIG: Recently a number of big names in the entertainment industry have been involved in lawsuits. Do you think this is a ploy to gain publicity through controversy? How important is the timing in such cases?

Lavin Hirani: I agree that it has indeed been a recent trend and the courts have passed strong views against such suits which at times are made with malicious efforts. However,  in my view I do not think anyone would use such publicity stunts where crores of rupees and a huge amount of effort of the people involved in a particular film is at stake. So my answer is a clear “No” while also adding the fact that such publicity is not always in the interest of the commercial viability of the film.

LIG: Today every case that is subjudice is discussed extensively by the media and on new media. Do you think the emergence of media as the fourth pillar of democracy affects legal judgments?

Lavin Hirani: I think the media has every right to discuss and express its views on cases drawing the rights to do so by the Constitution of our Country and it is my belief that, as far as the same views are in the right spirit and do not influence the outcome of the case in question, it should not be irked at.

LIG: What is your opinion on the impact of social media on the legal community? 

Lavin Hirani: Everyone tweets today. Every news channel has its presence on facebook, twitter and other sites and I think this direct and almost lightening speed mode of communication has led to a great convergence and sharing of knowledge among the people in India including us lawyers. I am not sure about small town jurisdictions but every other lawyer today is using emails, mobiles and other modes of communication, allowing them greater access to knowledge which they wouldn’t have a few years ago, especially the practicing advocates who would be busy running around courts a few decades ago having not much idea of things happening around them at the pace they can now.

LIG: What do you think we can do to improve the legal literacy rate in India? 

Lavin Hirani: That’s a tough one. I think we have come a long way from the days when one didn’t know what to do and how to go about reporting a criminal complaint or filing a suit. With India’s growing economic reform and with the advent of the internet, I believe we are as a nation much more aware of our rights thanks to various reports by the media of the ongoings of various cases day in and day out. Further, it’s my personal experience that people/clients nowadays are more aware of what they need from their lawyers and understand the process involved better. But I still think we have a long way to go in being a legally literate nation and I think now that we have the resources and the platforms to do so, it would take only a will to initiate programmes to educate the general public through various means, including social means as explained in my above answers by the government.

Also, the initiative of the Government to set up various consumer dispute forums and their almost regular and widespread adverts is commendable.

LIG: What would be your advice to aspiring media lawyers?

Lavin Hirani: My advice to anyone looking at a future in Media/Entertainment practice would be to tell them that yes it’s definitely an interesting field and, with the current trends of the Media & Entertainment sector in India, predicted to grow at 13% every year is definitely something to give a thought to.

LIG: In order to sustain an entertainment law practice, is it necessary to live in Mumbai? (Since there are movie producers, bands, actors, musicians, film and TV celebs, studio companies, media companies, video game co’s, screenwriters, songwriters, investors and band managers in Mumbai.

Lavin Hirani: Not Really. Let’s be clear that the Media Sector in India includes Indian Films (Hindi/Non-Hindi), Television, Radio and all that stated by you above is not just operative from Mumbai .Yes I would have to agree that a huge part of it is in Mumbai but it’s not true that one has to be based in Mumbai for practicing Media/Entertainment Law. I do know of lawyers practicing in various parts of India like Delhi, Bangalore, etc so I think it totally depends on what kind of practice one wants to lead and how much one can handle.

LIG: Your other interests are appellate advocacy, banking, business, contracts and copyrights. Where do you see yourself in the coming years? 

Lavin Hirani: I’m really not thinking about my future at this moment in life. In the nascent stages of my career I have jumbled between criminal law, civil practice and now doing media/entertainment. Although I have received my bar council license in 2007 I took a year off to pursue my LLM in England last year. It’s really early to take that decision but I only hope I enjoy my career in the coming years and can give back to the legal field while I pursue my ambitions of being successful at whatever endeavours I opt for.

LIG: Thank you, Lavin Hirani, Sir. It has been an honor to hear your views. 

Lavin Hirani: Thank you for this opportunity. Hope it helped.

The Email Interview was Conducted by Palash Das, Editor, LiG