Bombay High Court to Issue Orders for Removal of Content Infringing Kartik Aaryan's Personality Rights
In a significant development for celebrity rights in India, the Bombay High Court has indicated its intention to direct the removal of online content that violates the personality rights of actor Kartik Aaryan. This move comes after Aaryan filed a plea seeking protection of his persona, following similar grants to numerous other Bollywood celebrities including Abhishek Bachchan, Amitabh Bachchan, Aishwarya Rai Bachchan, Kumar Sanu, Karan Johar, Salman Khan, Vivek Oberoi, and Nagarjuna.
Court's Stance on Unauthorized Commercial Exploitation
During proceedings on Wednesday, Justice Sharmila Deshmukh of the Bombay High Court stated that she would pass an appropriate order to address the misuse of Aaryan's identity. The court's observation followed submissions by Senior Counsel Birendra Saraf, who represented the actor and highlighted multiple instances of alleged infringement.
Saraf brought to the court's attention that some content was not only scandalous but also involved commercial exploitation, such as the sale of merchandise using Aaryan's name and image without authorization. He emphasized the actor's prominence and the trademark value of his name, noting that unauthorized use extends to artificial intelligence-generated videos and other digital formats.
"I want that order which your Ladyship has considered earlier, that upon my pointing out to them, they will remove it. I don't want them to do a suo motu enquiry or something. I will keep informing them whatever I come to know and they can remove it. He is a prominent actor, even his name has a trademark. There are images being used to sell merchandise. There is artificial intelligence created videos. Some of these are quite bad and some of them are just affecting his personality. Some of them are scandalous," Saraf argued before the court.
Scope of the Lawsuit and Legal Proceedings
Taking note of these submissions, Justice Deshmukh responded that she would pass suitable orders in favour of Aaryan. The actor's lawsuit names several Indian and international e-commerce and social media platforms, along with unidentified "John Doe" entities, accusing them of misusing his persona online.
The plea claims that Aaryan's name, likeness, and image have been used without consent in advertisements, merchandise, and various digital formats, thereby infringing upon his publicity and privacy rights. This legal action seeks to establish clear boundaries for the commercial use of celebrity identities in the digital age.
Key Demands in the Legal Petition
In his comprehensive lawsuit, Kartik Aaryan has made several specific demands to protect his personality rights:
- A permanent injunction to restrain the defendants from using his photographs, videos, voice, or any other identifiable attributes for commercial purposes.
- Inclusion of content generated through artificial intelligence and deepfake technologies within the scope of protection.
- Directions for online intermediaries and relevant authorities to remove infringing content promptly.
- Revelation of the identities of those responsible for creating and distributing unauthorized content.
The legal team representing Aaryan includes not only Senior Counsel Birendra Saraf but also advocates Ameet Naik and Madhu Gadodia, who appeared on behalf of the actor during the proceedings. This case represents a growing trend among Indian celebrities to seek judicial protection against the unauthorized commercial use of their identities in an increasingly digital marketplace.
As personality rights become a more prominent legal issue in the entertainment industry, this Bombay High Court decision could set important precedents for how celebrities' images and names are protected online. The court's forthcoming order is expected to provide clearer guidelines for content removal and establish stronger safeguards against unauthorized commercial exploitation of celebrity personas across digital platforms.
