'Khamosh' expression now legally belongs to Shatrughan Sinha
What's the story
The Bombay High Court recently ruled that actor-politician Shatrughan Sinha's signature "Khamosh" dialogue is "exclusively associated" with his persona. The court has prohibited the unauthorized use of his name, images, and other personal attributes to create online content without his consent. The ruling addressed concerns about the unauthorized exploitation of Sinha's personality rights on digital platforms, including the use of AI-generated content.
Actor's response
Don't grudge them their livelihood, but be original: Sinha
Reacting to the order, Sinha said, per Variety India, "For decades and decades, 'Khamosh' has been associated with me. Countless impersonators have mimicked me and made money." "I don't grudge them their livelihood. But my family and friends felt that I should exercise my personality rights. Do your own thing. Be original. Don't copy me, Anil Kapoor, Rajesh Khanna, Amitabh Bachchan or Asha Bhosle."
Legal action
Matter will be heard again on March 30
The interim order was issued by Justice Sharmila Deshmukh on February 16, directing all websites and social media platforms to remove such content immediately. The court also prohibited the unauthorized uploading of such material in the future. The matter will be heard again on March 30, reported LiveMint.
Legal proceedings
Petition filed by Sinha
Sinha filed a petition through Advocate Hiren Kamod, seeking protection of his personality rights and a permanent injunction against the unauthorized use of his name, image, and other personal attributes. The court noted that Sinha has a unique style of dialogue delivery, especially known for his unique way of saying "Khamosh" onscreen.
Legal insights
Court defines personality rights, observes on digital exploitation
The court observed that the concept of personality rights has gained traction due to their unauthorized exploitation on digital platforms for commercial gains. "The personality rights... encompass right to exclusive use of one's own name, style, voice, personality, and so on," it said. It also noted that Sinha's fake online profiles and digitally manipulated or AI-generated content based on his persona are a prima facie infringement of his personality rights.