hc on actor's name use
New Delhi, Sept. 12 -- The Delhi High Court on Thursday protected the interests of actor Aishwarya Rai Bachchan by restraining entities from commercially exploiting her name, image and voice without consent, concluding that unauthorised use of a celebrity's identity not only causes commercial harm but also infringes upon their right to live with dignity.
A bench of justice Tejas Karia delivered the order in a petition filed by the actor seeking protection of her name, image, voice and other distinctive personality attributes. In her suit, Bachchan said that various people were infringing her publicity and personality rights by using her name, voice and video for illegal commercial purposes, morphing her image using artificial intelligence and other technology on video clips, including those of a pornographic nature.
In his 16-page order, the judge directed several entities to remove within 72 hours the URLs infringing on the actor's personality rights, noting that unauthorised use of her persona could mislead the public and create a false impression of her endorsement. These URLs included aishwaryaworld.com and apkpure.com. Other entities that were named were websites selling products such as coffee mugs, t-shirts, posters, etc., either through their own platforms or through various e-commerce platforms utilising Aishwarya's name and image. A Thiruvananthapuram- and Mumbai-based organisation using Aishwarya's name and image to promote its business was also named, along with Janitor AI- a chatbot engaged in the impersonation of the actor.
"When the identity of a famous personality is used without their consent or authorisation, it may not only lead to commercial detriment to the concerned individual but also impact their right to live with dignity. In other words, the unauthorized exploitation of the attributes of an individual's personality may have two facets - first, violation of their right to protect their personality attributes from being commercially exploited; and second, violation of their right to privacy, which in turn leads to undermining their right to live with dignity," the court maintained, while fixing January 15 as the next date of hearing.
It added, "The courts in such cases of unauthorised exploitation of one's personality rights, cannot turn a blind eye to the same and shall protect the aggrieved parties to avert any harm to them resulting from the said unauthorised exploitation."
The verdict comes a day after the same bench said that it would also issue an order safeguarding actor Abhishekh Bachchan's personality and publicity rights. He is married to Rai.
In May 2024, the court safeguarded veteran actor Jackie Shroff's personality and publicity rights, observing that unauthorised merchandise sales and distorted videos appeared to generate commercial gain through "unauthorised exploitation." The court had similarly restrained the misuse of actor Anil Kapoor's name, image, voice and signature "jhakaas" catchphrase in 2023. In November 2022, the high court protected veteran actor Amitabh Bachchan's personality and publicity rights from infringement....
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