Anil Kapoor seeks exclusive rights over 'jhakaas', Delhi HC obliges
Anil Kapoor had filed a plea in the Delhi High Court seeking protection against unauthorised use of his name, image, likeness, persona for commercial gains.
Next time a brand tries to sell a product with the catchphrase "jhakaas" in actor Anil Kapoor's quintessential style with a twisted lip, it may end up facing legal action. The Delhi High Court on Wednesday (September 20) passed an order protecting Kapoor from unauthorised use of his name, image, likes, and persona.
Kapoor had moved the court seeking protection of his personality and publicity rights, as well as elements associated with his personality like – name, voice, photo, likeness, manner of speaking, and gestures.
In his plea, he cited hundreds of films and web series in which he appeared along with several prestigious awards. His lawyers argued that his name and persona apart from having immense commercial value is also liable to be protected against misuse on the internet. As evidence of misuse, he cited examples of the sale of t-shirts with his images, people squatting on IP addresses with his name, and even pornographic material using deep fakes.
The court noted that fame can often come with its disadvantages. It said, "While there can be no doubt that free speech about a well-known person is protected in the form of write-ups, news, satire, parody, which is genuine. As also criticism, which could be genuine. When the same crosses the line and results in tarnishing, a blackening or jeopardising the individual's personality, the same would be illegal."
The court noted that unauthorised use of the name, image, and likes of a celebrity cannot be permitted. The court held that celebrities have a right to livelihood through endorsement, which can be destroyed. In this context, the court recorded that it cannot turn a blind eye and it will need to protect the actor.
The court observed that emerging technologies like Generative AI and Machine Learning are enabling online misuse of a celebrity's persona.
The court has decided to grant an ex-parte injunction in favour of Kapoor. The court has directed MeitY and Internet Service Providers to take down links hosting pornographic content featuring deep fakes of the actor.
In November 2022, the court had passed a similar order protecting the personality rights of veteran actor Amitabh Bachchan. In this case, the court had directed against any unauthorised use of Bachchan's name, image, and likeness.
First Published: Sept 20, 2023 1:20 PM IST
Check out our in-depth Market Coverage, Business News & get real-time Stock Market Updates on CNBC-TV18. Also, Watch our channels CNBC-TV18, CNBC Awaaz and CNBC Bajar Live on-the-go!
Lok Sabha Elections 2024 | Assault allegations or political accusations— what's Swati Maliwal controversy all about
May 19, 2024 2:25 PM
Phase five Lok Sabha polls: Rae Bareli, Amethi among 14 UP seats going to polls on Monday
May 19, 2024 1:03 PM
AAP protest walk: Arvind Kejriwal challenges BJP to arrest entire party, Delhi Police imposes Section 144
May 19, 2024 12:26 PM
Terror attacks in Kashmir raise concerns ahead of May 20 and May 25 election
May 19, 2024 12:15 PM