Important decision in favor of Amitabh Bachchan
Delhi High Court has given an important decision providing permanent protection to the personality rights of actor Amitabh Bachchan. The court has ordered several entities and unknown individuals to stop using their name, image, voice and identity commercially without permission.
Case details
Justice Purushendra Kumar Kaurav gave this final order in the suit filed by Amitabh Bachchan. The matter was pending in the court since November 2022, when the court issued an interim order to prevent misuse of the actor's identity.
Background of the case
Amitabh Bachchan had approached the court against the use of his identity without permission. He alleged that many websites, mobile apps and products are using his identity to give a false message to the people that they are promoting those products and services.
The case involved a mobile app named 'Amitabh Bachchan Video Call', promotional messages for the alleged 'Kaun Banega Crorepati' lottery, a general knowledge book with his photographs, T-shirts, posters and domains created in his name.
court decision
The court held that in these cases the actor's name and photographs were used without his consent. The Court said that a person has the right to control the commercial use of his identity, which is called 'Right to Publicity'.
Order applicable to unknown persons
An important point of this decision is that the High Court has also kept unknown persons within the purview of the order. Such persons are called 'John Doe' in legal language.
The court said that it is not always possible to identify those who are misusing an actor's identity through websites, apps, posters and messaging platforms. Therefore, the protection order will also apply to those unknown persons.
Compromising defendants
Four defendants in the case, Rajat Nagi, Manoj Publications, Tamatina and Mahesh Patel, reached a settlement with Amitabh Bachchan. They acknowledged the actor's publicity and privacy rights and agreed not to use his identity without express permission.
As part of the settlement, one of the defendants agreed to remove the 'Amitabh Bachchan Video Call' app. Another stopped publishing a trivia book featuring the actor's photo. A third stopped selling posters bearing his name and photograph. At the same time, it was also said that the domain 'amitabhbachchan.in' registered in the name of Amitabh Bachchan should be removed. The court accepted this agreement considering it to be legal and voluntary.
final verdict without trial
The remaining defendants in the case showed no interest in appearing in court or filing their written replies. The court made it clear that the decision cannot be passed automatically on the basis of mere non-filing of reply.
However, according to the court, there were no factual disputes in this case which would have required a full hearing of the case. Getting Amitabh Bachchan to present separate evidence would also have been tantamount to repeating the allegations made in his petition.
Therefore, the High Court, while giving its verdict in a summary procedure, disposed of the case against the remaining defendants also. The interim order given in November 2022 has now become part of the final decision.