Madras HC protects Kamal Haasan's personality rights, allows satire
What's the story
The Madras High Court has granted actor and Rajya Sabha MP Kamal Haasan a significant interim relief in his personality rights case. The court restrained unauthorized use of his "image, likeness and name for commercial purposes." Justice Senthilkumar Ramamoorthy issued the interim 'John Doe' order on Monday after hearing submissions from Haasan's counsel, senior advocate Satish Parasaran.
Legal directives
Court's order to prevent unauthorized use of Haasan's likeness
The court ordered, "Respondents are restrained from creating false images of the plaintiff and depicting the same through any media until the next date of hearing." "Respondents are also restrained from selling merchandise wearing the plaintiff's image or name, including screen names attributed to the plaintiff, without the plaintiff's consent or endorsement until the next date of hearing."
Creative expression
Court's clarification on 'permissible creative expression'
The court clarified that its order would not restrict "caricature, satire or other forms of permissible creative expression." This came after the 71-year-old actor filed a suit to protect his personality rights and prevent commercial exploitation. Haasan's legal team, led by Senior Advocate Parasaran, argued that the move was taken to defend both dignity and financial interests being harmed by unauthorized online activity.
Career highlights
Haasan's plea detailed his illustrious career and sought protection
In his plea, Haasan detailed his 65-year-long career across various regional film industries and cited numerous awards. He submitted that his "goodwill and artistic integrity" gave his endorsements significant commercial value and public trust. The actor told the court that his name, signature, voice, picture, and other identifiable attributes formed part of his personality rights deserving protection under Articles 19 and 21 of the Constitution, Copyright Act, and common law.
Legal proceedings
Haasan's lawsuit and court's observations on freedom of expression
Haasan had sought a John Doe order since several unidentified entities were "commercially merchandising" his image without authorization. During the hearing, the court observed that in such matters, courts must remain conscious of citizens' right to freedom of expression. However, Parasaran argued there could be "no commercial exploitation" under the guise of freedom of expression.
Unauthorized sales
Haasan's counsel named websites selling unauthorized merchandise
Haasan's counsel named several websites selling T-shirts and other merchandise bearing the actor's name and photographs, creating an "impression of authorization." Parasaran also told the court that several online platforms were using artificial intelligence to morph Haasan's face into misleading and sometimes "sexually explicit" videos for profit. He specifically named a Chennai-based firm allegedly selling merchandise featuring Haasan's portraits, initials 'KH,' and famous dialogues from his films without consent.