Hindi film actor Anil Kapoor has sought to protect his personality and publicity rights, and in a recent order by Delhi High Court has been passed in his favour. The order refrains people from using any of the actor’s personality traits for commercial purposes or otherwise on public platforms like social media. Advocate Pravin Anand, appearing for Kapoor, said several websites and platforms have been misusing the personality rights of the plaintiff through various activities. Anil Kapoor ’s counsel pointed to the unauthorised sale of merchandise, collection of fees by using his photograph as a motivational speaker, morphing his image in a derogatory manner, and selling pictures with forged autographs and the “jhakaas” catchphrase, among others. Justice Prathiba M Singh, presiding over the case, made many rulings and observations in the case. Nobody is permitted to use his voice or image in an illegal manner to meet their own ends, and the potential misuse of Artificial Intelligence has also been kept in mind while passing the order. Justice Singh observed that while there can be no doubt that free speech is protected, the same would be illegal when it “crosses the line” and results in tarnishing and jeopardising individual personality rights. “Defendants 1 to 16 are restrained from using … in any manner the plaintiff Anil Kapoor’s name, likeness, voice or any other attributes of his personality … for monetary gain or otherwise,” the court ordered. It also restrained other unknown persons from disseminating the offending links. The court directed the authorities concerned to block the offending platforms. The court said “fame for a person comes with disadvantages” and “this case shows that reputation and fame can transcend into damage”. Such misuse can damage a celebrity’s right to endorsement, it added. “Using the plaintiff’s name, voice, dialogue, image in illegal manner, that too for commercial purposes, cannot be permitted. Court cannot turn a blind eye to such misuse of personality,” Justice Singh said. Prior to Kapoor, it was Amitabh Bachchan who sought to protect his personality rights as well. With added inputs from agencies
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