Kamal Gets Security for Personality Rights, But With a Twist

Kamal Haasan recently approached the Madras High Court seeking protection of his personality rights, against the illegal use of his image and likeness and commercial merchandising. However, now, the court did not restrain permissible forms of creative expression such as satire and caricature. The court’s verdict has come out recently.

Everyone is so obsessed of the public figures and wants to use their photos or videos to express their creative opinion. The forms of creative expression, sometimes is harmless while using the faces of noted actors to express satire and caricature. Sometimes, out of love, the audiences would opt for such moves on social media and the court’s decision now comes as a welcoming move.

“Senior counsel (for plaintiff) invited my attention to several photographs of morphed images. Submits that these images are causing incalculable damage to his reputation and image as a celebrity. Counsel also refers to the use of the plaintiff’s image, name, and the like on merchandise without the plaintiff’s consent or endorsement.

Upon examining the above, a strong prima facie case is made out. Therefore, the respondents are restrained from creating false images of the plaintiff or depicting them through any medium until the next hearing. Respondent is also restrained from selling merchandise bearing the plaintiff’s name or image without consent or endorsement. This order will not, however, stand in the way of caricature, satire, or other forms of permissible creative expression.”

John Doe has been added as the second respondent to the plaint, and the plaintiff was directed to give public notice regarding the court order in English and Tamil newspapers.

Not just Kamal but many other actors across the country recently opted for protection of their personality rights. It is good to see the court allowing the forms of permissible creative expression.