The Delhi High Court has granted interim relief to Salman Khan by directing the makers of the upcoming film Kala Hiran: The Battle for Legal to remove its teaser and related promotional posts from online platforms. The actor had approached the court, alleging that the film unlawfully used his identity and damaged his reputation. The court observed that personality rights cannot be commercially exploited without the individual's consent.
Delhi High Court Orders Removal Of Kala Hiran Teaser
Justice Jyoti Singh, through an interim order passed on July 27, ordered the makers of Kala Hiran: The Battle for Legal to remove the teaser and any other promotional post associated with it in 24 hours. It was also ordered that the makers should refrain from posting, sharing, or promoting the teaser on any form of media such as social media, OTT platforms, television or print media till further orders.
The court stated, "Plaintiff has the right to determine the manner in which his persona is commercially exploited and proposed defendants cannot exploit Plaintiff's name, mannerisms and other distinctive attributes for commercial gains, without authority and/or publish and disseminate content which injures the reputation of the Plaintiff in public."
Court Finds Prima Facie Violation In Kala Hiran Case
The court noted that the teaser seemed to relate to events which were connected with the pending appeal regarding the blackbuck hunting case and depicted allegations which would adversely affect the reputation of Salman Khan.
Justice Singh said, "In my view, prima facie, the cumulative narrative from the impugned teaser and the posts is that proposed defendants have launched a promotional campaign... to commercially exploit plaintiff's personality rights and public persona, without his consent or authorisation."
The court further noted, "On a prima facie view of the nature of the content of the teaser and accompanying posts, it is imperative that the same are taken down without delay."
Salman Khan's Objections And Makers' Stand On Kala Hiran
According to Salman Khan, the teaser film has intentionally depicted himself because of the use of a person who looks like him and who wears the same jeweelery, the blackbuck case and ear studs. Salman Khan's lawyers stated that the promotional material was linking him to criminal activities and portraying public events falsely.
However, according to the makers, Kala Hiran is not the biography of Salman Khan. Producers have stated that no personality rights have been violated and the actor cannot own historical and court proceedings. Moreover, it has been told to the court that the movie has not yet been submitted to the Censor Board (CBFC).
Meanwhile, the High Court reiterated that personality rights are the part of article 21 of the constitution and include privacy, dignity, and reputation.