Jackie Shroff objects to offensive memes; moves Delhi High Court to protect personality, publicity rights

Bollywood actor Jackie Shroff has approached the Delhi High Court to restrain firms, social media channels, artificial intelligence (AI) apps as well as GIF making platforms from using his name, voice, image or any other attribute without his consent. .Justice Sanjeev Narula heard the matter in some detail today and issued summons to the defendants. The Court said it will hear the matter tomorrow (May 15) on the issue of interim injunction. .Advocate Pravin Anand appeared for Shroff and told the Court that in some instances, offensive memes have been made using his images and that his voice has been misused for similar purposes as well.The Court was informed that in certain cases, pornographic material is being created using Shroff's persona.Anand said that Shroff was not looking to stop parody or satire, but wanted an injunction against merchandising and defamatory and distorted uses of his personality..In his plea before the High Court, Shroff has sought protection of the names Jackie Shroff, Jackie, Jaggu Dada as well as Bhidu and said that his attributes cannot be used without his authorisation on any platform.He has also sought a direction to the Department of Technology and the Ministry of Electronics and Information Technology (MEITY) to pull down all the links and websites which unlawfully infringe on his personality rights..Shroff has moved the Court to protect his voice, image, likeness and all other elements of his persona which are distinctive and the “unauthorized use of which by third parties is likely to create confusion and deception amongst the public”.It was Shroff’s case that several social media companies, stores, social media handles as well as AI tools are using his attributes without authorisation and not only making money from such unauthorised use, but also creating confusion and damaging his reputation.He has made Google-owned Tenor and another GIF making company Giphy as well as AI platforms parties to his suit.He also sought an injunction against AI tools and platforms using his attributes to create, train and monetise bespoke AI personalities.“Further, on account of their inimitable nature, the Plaintiff's name, voice, image, likeness, signature, mannerisms, gestures and other such elements of the Plaintiff's persona also have a huge commercial value associated with them. Any third party found using any of the above stated elements of the Plaintiff's persona is bound to cause confusion and deception amongst the general public as to affiliation with/ sponsorship by the Plaintiff,” Shroff argued in his suit..Shroff contended that the misappropriation of any attribute of his persona without his express permission for a commercial purpose is liable to be restrained not only on the basis of the traditional conception of publicity rights but also on the basis of the tort of dilution, more particularly tarnishment.“This is more egregious when the Defendants' activities are aimed at benefiting commercially. In such cases, the Plaintiff's identity is used in an unwholesome and unsavory manner which maligns his reputation and exposes him to ridicule, thereby tarnishing his image.”.Advocates Pravin Anand, Ameet Naik, Madhu Gadodia, Dhruv Anand and Udita from Anand and Naik appeared for Jackie Shroff..In 2022, the High Court had passed an interim order restraining persons at large from infringing the personality and publicity rights of veteran Bollywood actor Amitabh Bachchan.Bachchan had approached the High Court seeking an omnibus order protecting his name, image, voice or any of his characteristics without his consent..BREAKING: Delhi High Court passes omnibus order restraining infringement of Amitabh Bachchan personality rights.A similar order was passed on the case filed by actor Anil Kapoor as well.