Protecting the 'Bhidu': Actor Jackie Shroff moves Delhi HC seeking protection of his personality, publicity rights

Actor Jackie Shroff

Actor Jackie Shroff has moved Delhi High Court on May 14 seeking protection of his personality and publicity rights as several people and influencers are allegedly copying the actor's personality and his iconic word 'Bhidhu' without his consent.

The suit has been filed against various entities using his name, photographs, voice and word "Bhidu" without his consent.

The hearing of the case will be done tomorrow by the court and summons have been issued today.

Similar cases have been filed by other actors too, including Amitabh Bachchan, Anil Kapoor, Rajnikanth and the likes. Earlier, Delhi HC had restrained 16 entities from unauthorisedly using Bollywood actor Anil Kapoor's name, likeness, voice, image and any other aspect of his personality for commercial purposes.

According to the court, Kapoor’s image being morphed along with other actresses is not merely offensive to him but to also other actors and under such circumstances, the court cannot turn a blind eye.

What are personality rights?

“In the simplest sense, personality rights are the rights of famous personalities and celebrities whose name, voice, signature or any other personality trait has commercial value and can mobilise and influence the public at large. One such personality right is the right of publicity which recognises the commercial value of a photograph or representation of a prominent person and protects his proprietary interest in the profitability of his public reputation,” Tushar Agarwal, a Supreme Court advocate had told Moneycontrol earlier.

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He further explained that the essence of personality rights is that if any celebrity or famous personality feels that some person or company is using any of his personality traits for commercial purposes or using that trait for its profitability without his consent, the said celebrity can approach the court and seek restraining orders in this regard.

The rights gained prominence after Hollywood actors Catherine Zeta-Jones and Michael Douglas sued Hello! magazine, noted Mathew Chacko, Partner, Spice Route Legal.

“When the Hollywood actors got married and Hello! took their pictures and put it in their publication, they sued the magazine. The actor-couple had also granted the licence to take photos of their wedding to another magazine. The court was of the opinion that Hello! magazine was interfering in the economics of a person’s livelihood and, therefore, said it will protect their personality right,” he said.

The lawyer added that not many people have enforced personality rights.