Bombay High Court says 'Khamosh' to online misuse of Shatrughan Sinha's personality

The Bombay High Court has granted ad-interim protection to veteran actor and Lok Sabha MP Shatrughan Sinha against alleged misuse of his name, image and iconic “Khamosh” persona on social media, e-commerce and pornographic websites [Shatrughan Sinha v. John Doe, Meta & Ors.]..The ex-parte order was passed by the Court in chambers on February 16 and made public on February 21.By way of the order, Justice Sharmila Deshmukh restrained several John Doe entities (anonymous entities, mostly online, against whom blanket cease and desist injunctions are passed), social media platforms, content-sharing sites and e-commerce portals from exploiting Sinha’s personality and publicity rights. These include his name “Shatrughan Sinha”, vocal mannerisms, signature catchphrase “Khamosh”, image, likeness, signature and other identifiable attributes. .The High Court held that Sinha’s distinctive name and the expression “Khamosh” have acquired trademark-like distinctiveness and are entitled to protection even under Section 27(2) of the Trade Marks Act.The judge noted material showing fake profiles, memes, GIFs, digital stickers, AI-generated deepfakes and morphed pornographic content featuring the 79-year-old actor. “This Court is of the prima facie opinion that the Plaintiff’s name, likeness, image, persona, etc., deserves to be protected in view of the material which has been placed on record, which prima facie demonstrate the infringement of the Plaintiff’s personality rights and public rights and violate his privacy,” the order said..The order also restrained defendants from using AI tools, deepfakes, face morphing and GIFs to manipulate his performances and persona. Such distortion and mutilation violates the performer’s moral rights under Section 38B of the Copyright Act, the Court held. It further directed major platforms and e-commerce sites to disclose subscriber and seller details, including names, addresses, contact and payment information of those uploading or selling infringing content..The Court found sufficient material to grant ex parte relief and continued the injunction till March 30, when it will hear Sinha’s interim application in details further..The order was passed after Sinha moved the High Court alleging rampant online misuse of his persona and sought ₹20 crore in damages from tech giants, e-commerce platforms and unknown parties for exploiting his “Khamosh” image, voice and mannerisms without consent..Advocates Hiren Kamod, Nidhi Singh, Abha Shah and Amisha Upadhyay briefed by India Law LLP appeared for Sinha.[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.