Delhi HC slams 'Kala Hiran' makers, orders removal of teaser
What's the story
The Delhi High Court has ordered the immediate removal of the teaser for the upcoming film Kala Hiran, along with other online content related to it, reported Live Law. The order came in response to a personality rights suit filed by actor Salman Khan against the film's director and others involved in its production, financing, and distribution. The court directed that these materials be taken down within 24 hours.
Legal dispute
Khan claims film based on his life
Khan has accused the makers of Kala Hiran of infringing on his personality rights by basing the film on his identity and the 1998 blackbuck poaching case without his consent.
The court had earlier issued a notice on this application and subsequently heard Khan's requests to restrain the film's release and circulation of its teaser.
The movie is produced by Amit Jani, and the teaser was released on July 17.
Legal proceedings
Defendants argue teaser didn't name Khan
Justice Jyoti Singh, hearing Khan's interim application, expressed displeasure over the continued online presence of disputed content.
She reportedly slammed Jani, saying, "You seem to be emboldened by the fact that there was no order in the last application."
When asked if they would remove the material themselves or if the court should direct them to do so, defendants insisted that since their teaser didn't name Khan, they shouldn't be held responsible for videos uploaded by third parties.
Defense strategy
Film defended as artistic expression
Despite Khan's counsel arguing that the teaser "left nothing to the imagination" and the "film was completely about him," the makers defended it as a fictional work protected as artistic expression.
They argued that a broad restraint could affect future films based on public events and that there are "hundreds of movies" on similar lines.
The court also addressed the role of intermediaries in this case, stating, "As platform owners, I think somewhere I'll have to start fixing your responsibilities."
Conclusion
Court noted link remaining online would hamper Khan's reputation
The court also noted that the link remaining online would hamper Khan's reputation, stating, "Reputation is built with great effort. Once lost, it's lost."
To ensure compliance with its order, the court directed both parties to prepare a consolidated list of all disputed material, including uploaders, platforms, and links in soft copy.
Senior Counsel Ravi Prakash appeared for Khan in this case.