Delhi HC defends unauthorized use of Jackie Shroff's personality: Report
The Delhi High Court has passed an order to protect the personality and publicity rights of renowned Bollywood actor Jackie Shroff. The court has restrained various social media accounts, AI chatbots, and e-commerce websites from using the actor's name, voice, or image for commercial purposes without his explicit consent. This decision was made in response to the case "Jaikishan Kakubhai Saraf alias Jackie Shroff v The Peppy Store & Ors."
The Court directed removal of inappropriate links
On May 15, Justice Sanjeev Narula issued an interim order directing the removal of several links that were "pornographic in nature" and used Shroff's name. The court acknowledged that Shroff's celebrity status grants him certain rights regarding his personality and associated attributes. It was determined that some defendants had "exploited his name, image, voice, and other unique characteristics without permission," infringing on his personality and publicity rights.
Notice issued to additional defendants
In addition, the court also issued notices to several other defendants including gif-making platforms, a restaurant named 'Bhidu,' and others accused of infringing on Shroff's personality rights and misusing his persona. Initially, Shroff had requested an injunction against these defendants as well. However, per reports, his counsel later suggested that the court may pass orders against them after examining their response.
Court defended freedom of artistic expression
Despite Shroff's plea, the court declined to direct a takedown of a video titled Jackie Shroff is Savage, Jackie Shroff Thug Life posted on a YouTube channel named Thugesh. Justice Narula ruled that the video is a form of artistic expression and restricting it would have far-reaching consequences. The court stated, "More critically, it could set a precedent that stifles freedom of expression, potentially deterring the public from exercising their right to free speech due to fear of legal repercussions."
Shroff sought protection for his distinctive attributes
Earlier, Shroff sought protection for the names Jackie Shroff, Jackie, Jaggu Dada, and Bhidu. He argued that his attributes cannot be used without his authorization on any platform. He moved the court to protect his voice, image, likeness, and all other elements of his persona which are distinctive. In support of his case, Shroff's counsel relied on orders passed by the high court in similar lawsuits by actors Amitabh Bachchan and Anil Kapoor.
