Delhi HC restrains misusing actor Anil Kapoor’s name, picture, voice, signature without his consent for commercial gains
New Delhi: The Delhi High Court on Wednesday passed an order protecting the personality and publicity rights of actor Anil Kapoor restraining people at large from using his name, picture, voice, and signature without his consent for commercial gains
Justice Prathiba M Singh was hearing a plea from the actor to restrain people at large and social media channels and websites from using his name, acronym AK, his voice, image and sobriquets like Lakhan, Mr India, Nayak and the phrase Jhakaas without his consent for commercial gains.
Justice Singh said that while there is no doubt that free speech about a person is protected, as also the criticism which can be genuine, but when it crosses the line and results in tarnishment or jeopardising the individual’s personality and elements associated with the individual, the same would be illegal.
Justice Singh said that people at large cannot be restrained from using the Marathi phrase ‘Jhakaas’, however, the manner in which the actor says this phrase will be protected.
Anil Kapoor contended before the High Court that he is one of the most celebrated actors in the film industry and his name, persona, apart from having immense commercial value, is liable to be protected against misuse and tarnishment on internet. He contended that his voice is also of immense value as he has given Hindi dubbing for some of the most viewed films such as Mogli and has also provided voice for one of the characters in Mahabharat film. The Mr India actor further submitted that the expression ‘Jhakaas’ was popularised by him in films and the manner in which he delivers the word is exclusively associated with him.
The actor further told the court that defendants in the case in some manner are utilising the various features of his persona and misusing it and the defendants and websites are collecting money or selling merchandise and gaining money by using his image and elements of his persona.
The counsel for the actor argued before the court that such elements of personality are protectable and he brought to the notice of the court a proposed guidelines issued by the central government seeking to protect consumers against what is termed as dark patterns. The counsel further submitted that the actor’s image is being morphed with other actresses with the help of Artificial Intelligence (AI).
Justice Singh, after hearing the submissions, said, “Using a person’s name, voice, dialogue, image in illegal manner that too for commercial purposes cannot be permitted, adding that the court has no doubt that the actor’s name, voice, persona etc deserves to be protected not only for his own sake but also for the sake of his friends and family who would not like to see his name being misused.”
The High Court further said that actor’s image being morphed with other actresses is not merely offensive to the actor alone but also to other actresses and the court cannot turn a blind eye to such misuse.
“Accordingly, the plaintiffs have made out a prima facie case for grant of interim injunction. Defendants 1-16 are restrained from utilising name, image, voice, likeliness or personality to make any merchandise, ringtones, or in any manner misuse the plaintiff’s name, voice and other elements by using technological tools such as AI,” the High Court said while granting relief to actor Anil Kapoor and passing the ex-parte interim order against several websites and platforms on Anil Kapoor’s lawsuit.
The High Court had earlier restrained individuals, entities from unauthorisedly using actor Amitabh Bachchan’s voice, image or any other attributes exclusively identifiable with him on his plea in the High Court.
