New Delhi – In a recent development, the Delhi High Court has issued an order safeguarding the personality and publicity rights of Bollywood icon Anil Kapoor, effectively restraining individuals and entities from using his name, picture, voice, and signature without his consent for commercial purposes.
Justice Prathiba M Singh presided over the case, responding to a plea made by Anil Kapoor. The actor sought protection against the unauthorized use of his name, acronym “AK,” voice, image, and various sobriquets associated with him, including “Lakhan,” “Mr. India,” “Nayak,” and the iconic catchphrase “Jhakaas,” all without his express permission for commercial gains.
While emphasizing the importance of free speech and legitimate criticism, Justice Singh emphasized that there are limits to such rights when they lead to the tarnishment or endangerment of an individual’s reputation and persona. In this case, the misuse of Anil Kapoor’s name and image for commercial purposes crossed that line.
The court’s ruling clarified that while the general public cannot be prevented from using the Marathi phrase ‘Jhakaas,’ the manner in which Anil Kapoor delivers it will be protected under this ruling.
Anil Kapoor, known as one of the most celebrated actors in the Indian film industry, argued that his name, persona, and voice hold significant commercial value and deserve protection against misuse and tarnishment on the internet. Kapoor’s voice has been a pivotal part of numerous Hindi-dubbed films, including “Mogli,” and he has lent his voice to characters in the legendary “Mahabharat” film. He also claimed that the expression ‘Jhakaas’ was popularized by him in his films, and its unique delivery is exclusively associated with him.
The actor further pointed out that the defendants in the case were utilizing various aspects of his persona for their gain. They were allegedly collecting money and selling merchandise, profiting from the use of his image and elements of his personality.
Kapoor’s legal counsel argued that these elements of personality are protectable, citing proposed guidelines issued by the central government aimed at safeguarding consumers against dark patterns. Additionally, Kapoor’s image was reportedly being morphed with other actresses through the use of Artificial Intelligence (AI), further exacerbating the misuse of his persona.
After considering these submissions, Justice Singh concluded, “Using a person’s name, voice, dialogue, image in an illegal manner, especially for commercial purposes, cannot be permitted.” The court recognized the need to protect Kapoor’s name, voice, and persona not only for his sake but also for the well-being of his friends and family who would be distressed to see his name being exploited.
The High Court also highlighted that the morphing of Kapoor’s image with other actresses through AI was not only offensive to him but also to those actresses. Consequently, the court asserted its responsibility to address such misuse.
In its final judgment, the Delhi High Court granted an interim injunction, restraining defendants 1-16 from utilizing Anil Kapoor’s name, image, voice, likeness, or personality to create merchandise, ringtones, or any other form of misuse through technological tools like AI. This decision provides significant relief to Anil Kapoor and sets a precedent for the protection of celebrity rights in the digital age.
This ruling comes on the heels of a similar case involving legendary actor Amitabh Bachchan, where the Delhi High Court had earlier restrained individuals and entities from unauthorizedly using Bachchan’s voice, image, or other attributes exclusively identifiable with him.
As celebrities continue to grapple with the challenges of protecting their identities and personas in the digital age, this decision reaffirms the importance of safeguarding their rights against unauthorized commercial exploitation and misuse, setting a legal precedent for the broader entertainment industry.
