Delhi High Court is hearing a suit filed by Bollywood actor Hritik Roshan seeking protection of his personality rights.
The matter is listed before Justice Manmeet Pritam Singh Arora.
Senior Advocate Sandeep Sethi is appearing for Roshan. He is telling the Court about certain Apps which are using his picture.
Sethi is taking the Court through the annexures of the suit and tells that Roshan's personality rights are being used in certain merchandise such as bags.
He states that there is a clothing line called 'Ribbon Balloons' he has no connection with.
Sethi - Next is the most serious, where snippets are taken of my image or from my film and the actual voice is subsituted with a voiceover. The writing is demeaning.
Sethi - These posts show me in bad light. Images are altered, posts are completely false.
Court - Can you explain your objection?
Sethi - It shows me in poor light. It carries my image.
Court - This document has nothing against you. Meme is okay, he is not doing commercial merchandise.
The Court is going through the alleged infringing material highlighted in the suit.
Sethi - It is an AI generated image. Another document alters my image. Then in the next document he is using my voice.
Sethi - In the next documents, you can see that my altered image is used with an altered voiceover. Thereafter, there is a dance club using my song.
Court - They are not using you name, it is a famous song of Hritik Roshan which is being used as a demo and they will be teaching it. This is not commercial merchandise. They are using your performance to teach people. At this stage, I am not persuaded.
Sethi - it is a snippet from a film. I am the person behind it. My name is being used without my authority.
Court - That is not the impression I am getting. Let them come to court.
Court - This document does not appear to be commercial use. It is a fan page which he has created. People in whatsapp use photos of celebrities. He is not making a commercial use. If a fan has used it use his created, we will hear him first. let him be here. Ex parte I will not grant. We will park this, I am not denying your relief.
Sethi - He is altering the promotional material to create a post. I am not even asking him to apply the .
Advocate Varun Pathak appearing for Meta - Entire profile cannot be taken down. It is called a Fan Page. If my Lord directs to take it down, please ask him to identify each post. Instead of complete profile take down please direct individual post, some of them will be innocuous or meme.
Sethi - There is a URL in my name with many followrs, They are monetising it.
Court - Does you client want all fan pages down? Is that your instruction? How are they monetising it on Facebook?
Pathak - They clearly say these are fan profiles. Tomorrow there can be politicians before Court.
Counsel appearing for Google tells Court that specific URLs have to provided. These results on google search are on Mashable so they will have to remove. Next there is a video which talks about a fan talking about Roshan's life in his own voice. It is an AI person. No likeness with Roshan.
Google - Please provide specific URLs of the GIFs which are being sought to be taken down. This is a search result, I cannot take it down.
Counsel appearing for Telegram - Let them share individual posts sought to be taken down as against the entire channel.
Sethi - These are unauthorised fan clubs.
Court - Hritik Roshan will have to take down of each fan club. I cannot take down fan page at this stage. We will decide on their rights. We will ask for BSI deails. Instagram is not only for commercialisation, people use it for fun, this is not defamatory. I understand commercialisation, obscene, morphed, but i do not understand take down of Fan Club pages.
Sethi - There is an AI based post that talks in my voice.
Court - I will ask to take that down.
Court records - Counsel Pathak states that relevant documents placed on record are profiles that are declared fan pages of the plaintiff. Subject to the plaintiff providing links for individual post he finds offensive, those posts will be taken down. Howeer, removing entire post may be disproportionate.
Court records Google's submissions made by Advocate Aditya.
Court records that Ebay states that it will take down the 3 listings subject to Court's directions.
Counsel Flipkart states that out of the two URLs, one has already been taken down, the second will be taken down on court's directions.
Court - Meta to give BSI details within 3 weeks of the creator of said profile.
The next date of hearing is on March 27.
The Court will be passing a detailed order later.
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