By METANABES Legal team
In response to a lawsuit filed by actor Anil Kapoor, the Delhi High Court has issued an interim “John Doe” order to prohibit social media platforms, e-commerce websites, and the general public from infringing on his personality and publicity rights.
The court’s directive stipulates that unauthorized platforms cannot exploit Anil Kapoor’s name, voice, image, or dialogues for illicit commercial purposes. It also extends to the prevention of using artificial intelligence tools to manipulate his image and employing his likeness in GIFs for monetary gain or any commercial activities that might infringe on Kapoor’s rights.
Additionally, the court ordered the immediate suspension and blocking of domains like http://www.anilkapoor.com. The Union Ministry of Electronics and Information Technology (MEITY) was tasked with issuing a blocking order specifically addressing pornographic videos featuring morphed images of the actor.
AI’s Role in Misuse of Kapoor’s Persona:
Anil Kapoor raised concerns about the misuse of artificial intelligence (AI) to tarnish his hard-earned reputation and goodwill, impeding his exclusive rights to derive commercial benefits from his persona. He sought legal measures to prevent the unauthorized use of his name, acronym AK, voice, image, sobriquets like Lakhan, Mr. India, Majnu Bhai, Nayak, and the catchphrase Jhakaas without his consent.
Furthermore, Kapoor aimed to halt the unauthorized sale and distribution of products such as keychains, t-shirts, and audio-visual content like images, GIFs, and videos. His lawsuit contended that safeguarding his name, image, and likeness was essential not only for his own sake but also to protect his family from witnessing the misuse of his name.
Balancing Free Speech and Protection:
While acknowledging the significance of free speech in forms such as news, satire, criticism, and genuine parody, the court emphasized that such freedoms should not be used to tarnish an individual’s reputation or personality. When free speech crosses the line and leads to the disparagement or damage of an individual’s persona, it is considered illegal.
The court affirmed that there is no justification for unauthorized websites or platforms to mislead consumers into believing that Anil Kapoor endorses them as a “motivational speaker.” The right to endorsement for celebrities is a substantial source of livelihood, and it should not be jeopardized by allowing illegal merchandise.
The Issue of Protecting Jhakaas:
Initially, the court expressed reservations regarding whether it could legally restrain the use of the word “Jhakaas.” However, Kapoor’s legal representatives argued that the protection sought was not merely for the word itself but for the unique manner in which Kapoor delivers it.
The court also pondered whether extending such protection to Anil Kapoor would open the door for other celebrities to claim similar relief. Kapoor’s legal team countered that if other celebrities face similar issues, they should indeed be entitled to protection.
This legal development follows a similar interim order issued in November 2022 by the High Court concerning veteran Bollywood actor Amitabh Bachchan, safeguarding his personality and publicity rights against infringement by the public.
Source: Anil Kapoor Facebook