The Delhi High Court on Friday said directed Google, Meta and X to act on the requests by former cricketer Sunil Gavaskar for take down of content misusing his photos, name and infringing his personality rights [Sunil Gavaskar v Cricket Tak (CricketTak557) and Ors].
Justice Manmeet Pritam Singh Arora asked Gavaskar to provide the offending URLs to the intermediaries who have to then act on the same within a week.
"Defendant Numbers 7, 10 and 11 are directed to treat this plaint as a complaint and decide the same within a week from today. Plaintiff is directed to provide the intermediaries with specific URLs within 48 hours from today. The URLs may be provided through counsels who entered appearance. The defendants 7, 10 and 11 (intermediaries) are directed to communicate their decision to the plaintiff within a week," the Court said.
The direction was passed after Gavaskar moved the Court seeking directions against several entities to restrain them from unauthorisedly using his persona.
Some of the infringing material cited by Gavaskar included fake critical comments on the Indian men's cricket team coach Gautam Gambhir, as well as other cricketers.
He also referred to a fabricated comment on Virat Kohli.
Furthermore, the suit highlighted several instances of fake autographed materials and pictures being sold online.
The suit claimed that people are being charged for these products even though they are fake and have no connection with Gavaskar.
Justice Arora said that in all such cases, the procedure is to first approach the intermediaries for take down.
"You are aware of my view no? That you have to first approach the intermediaries and then the court will take it up. Let them act on their complaint. In fact, I don't understand why parties are resisting it. I don't understand why parties are not availing that mechanism. They will largely take care of your grievances. What will remain the court will take care of it. The Court is then in a better position to adjudicate it. Rather than shooting in the dark," the judge remarked.
Gavaskar is the first cricketer to move Court in a personality rights litigation.
Earlier, celebrities like Amitabh Bachchan, Aishwarya Rai Bachchan, Abhishek Bachchan, Nagarjuna, Anil Kapoor, Jackie Shroff, Karan Johar, Sri Sri Ravi Shankar, Jaggi Vasudev had approached the Delhi High Court and secured order protecting their personality rights.
Most recently, Salman Khan approached the Delhi High Court with a personality rights suit.
Senior Advocate Gopal Jain argued for Gavaskar. He was briefed by Krida Legal’s Managing Partner Vidushpat Singhania, Managing Associates Aashita Khanna and Kartikeya Prasad and Associates Aanya Agarwal and Karunakar.
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