Delhi High Court passes order to protect Anil Kapoor from illegal use of his name, image and persona

The Delhi High Court passed an order protecting Kapoor from unauthorised use of his name, image, likes, and persona. Next time a brand tries to sell a product with the catchphrase "jhakaas" and mimick actor Anil Kapoor's style with, it may end up facing legal action.

Kapoor had moved the court to seek protection of his personality and publicity rights, as well as his – name, voice, photo, likeness, manner of speaking, and gestures. Justice Prathiba M Singh passed the ex-parte interim order against several websites and platforms on a lawsuit by the actor, alleging unauthorised exploitation of his personality and celebrity rights for commercial use.

Kapoor's lawyers argued is also liable to be protected against misuse on the internet. 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.

The court noted that fame can often come with its disadvantages. It said, "While there can be no doubt that free speech about a well-known person is protected in the form of write-ups, news, satire, parody, which is genuine. As also criticism, which could be genuine. When the same crosses the line and results in tarnishing, a blackening or jeopardising the individual's personality, the same would be illegal."

Justice Singh observed that exercising free speech would be illegal when it "crosses the line" and results in hampering individual personality rights. The court noted that unauthorised use of the name, image, and likes of a celebrity is illegal and highlighted that celebrities have a right to livelihood through endorsement, which can be destroyed.

The court pointed out that Generative AI and Machine Learning are enabling misuse of a celebrity's persona in the online world.

The court has ordered MeitY and Internet Service Providers to take down links hosting pornographic content featuring deep fakes of the actor.