Delhi HC directs intermediaries to act on Salman Khan's personality rights complaint within three days

The matter was taken up by Justice Manmeet Pritam Singh Arora, with Senior Advocate Sandeep Sethi appearing for the actor. At the beginning of the hearing, the Court asked Sethi whether he was aware of earlier judicial directions requiring litigants to exhaust statutory remedies before approaching the court, and also referred him to the precedents in the Ajay Devgn and NTR personality rights matters.

Justice Arora stated that a majority of the grievances raised in the petition concerned intermediaries. The Court observed, "In terms of its recent order, we will take it up after a week. I want the intermediaries to act and respond to you. I will pass a composite order in a week. I have seen your list; most of it is targeted at the intermediaries."

Sethi, however, requested that action against non-intermediary defendants begin immediately and proceeded to show the Court various instances of alleged infringement, including fake news, photoshopped images, and unauthorised products using Khan's persona.

During the hearing, a specific discussion arose regarding Apple. The Court asked, "What category is Apple in? You are saying it is not an intermediary, and you are objecting to a mobile app?" Sethi responded that Apple allows downloading of the app in question and therefore cannot be considered a mere intermediary. He further identified infringement by an AI chatbot, several e-marketplaces, and the platform RedBubble.

Sethi also pointed out that manipulated images were being circulated without consent and alleged that even fan accounts were using Khan's registered trademarks unlawfully. Justice Arora, after examining one such account, remarked that the photo had not been used in an obscene or inappropriate manner, adding, "We are not saying you have no cause of action against him. Let's hear him, because this is not obscene." Sethi maintained that the use was nevertheless without consent and therefore objectionable.

The Court also questioned an intermediary present in court about its compliance mechanism, asking, "If the party directly writes to you stating that his personality rights are being violated because unauthorised merchandise is being sold on your platform, what is your policy?"

Following this exchange, the Court issued specific directions. Justice Arora recorded, "Counsel for the plaintiff states that similar directions be issued to defendants 2, 3, 4 and 6 to treat the plaint as a complaint to them as per the IT Rules, 2021. Counsels for the said defendants accept notice. The said defendants are directed to treat the plaint as a complaint and to take steps in accordance with the Rules within three days. In case they have any reservations about any link, they shall inform the plaintiff."

Referring to a social media account alleged to be violating Khan's registered trademark "Being In Touch," the Court added that Defendant No. 2 shall take into consideration the intellectual property rights pleaded in the plaint before taking any action. Justice Arora further stated that a stay order against the non-social-media defendants would be passed separately.

Khan's petition seeks injunctions against the unauthorised commercial and digital exploitation of his personality attributes, asserting that such misuse misleads consumers and causes reputational and commercial harm. (ANI)