Delhi High Court Protects Jackie Shroff’s ‘Personality Rights’: Entities Banned from Using ‘Bhidu’

New Delhi: In a win for celebrity rights, the Delhi High Court issued a ruling that protects actor Jackie Shroff‘s control over his public image. The court order restricts social media accounts, AI chatbots, and e-commerce websites from using Shroff’s name, voice, or likeness for commercial purposes without his explicit permission. Scroll down to find more details.

Delhi HC Protects Personality Rights of Jackie Dada

In a recent interim order dated May 15, Justice Sanjeev Narula addressed the issue of entities selling various products, such as wallpapers, T-shirts, and posters, on e-commerce websites and operating an artificial intelligence chatbot platform. The court found that these entities were prima facie acting in violation of the actor’s personality and publicity rights by exploiting and misappropriating their attributes without authorisation.

The court’s decision highlights the ongoing legal concerns surrounding the unauthorised use of an individual’s persona, image, or other identifying characteristics for commercial purposes. This interim order serves as a reminder to businesses and entrepreneurs operating in the online space to be mindful of an individual’s intellectual property rights and to seek the necessary permissions before using their attributes for commercial gain.

The judge additionally ordered action against two content creators who posted videos featuring Shroff that included highly offensive language and insults. The court acknowledged Shroff’s celebrity status and recognised that this granted him legal protections over his image and personal characteristics.

The court observed, “The plaintiff has established a prima facie case for grant of an ex-parte injunction. Balance of convenience lies in his favour and against defendants no. 3-4, 6-7, 13 and 14. If an injunction is not granted in the present case, it will lead to irreparable loss/harm to the Plaintiff, not only financially but also with his right to live with dignity (sic).”

The court further added, “It becomes evident that the alleged activities of some of the defendants have, on a prima facie basis, resulted in commercial benefits through the unauthorised exploitation of the plaintiff’s personality. Such defendants have utilised the plaintiff’s name, image, voice, and other unique characteristics without permission, thereby infringing on his personality and publicity rights (sic).”

The judge has summoned several parties accused of infringing on the actor’s rights. This includes a YouTube creator whose video supposedly portrays the actor in a negative light, and a restaurant owner who has used the trademarked term “Bhidu” for their establishment.

The Delhi HC stated, “The format, akin to a meme, spoof, or parody, is part of a burgeoning comedic genre that leverages the cultural resonance of public figures to create engaging content. YouTubers are a growing community, and the substantial viewership of these videos translates into significant revenue for the creators, underscoring that such content is not merely entertainment but also a vital source of livelihood for a considerable segment, particularly, the youth (sic).”

The court concluded, “Restricting such creative expressions by enjoining defendant no. 5 from producing similar videos or blocking these videos might have far-reaching consequences for this vibrant community. 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 (sic).”

About Jackie Shroff Protecting His Personality Rights

Jackie Shroff recently filed a lawsuit in the high court to prevent unauthorised use of his name and image for commercial purposes. This misuse included merchandise, wallpapers, and even disrespectful memes and GIFs created with AI technology.

with inputs from PTI