Rupali Ganguly Approaches Bombay HC to Protect Personality Rights

The CSR Journal Magazine

Television actor Rupali Ganguly has initiated legal proceedings in the Bombay High Court to safeguard her personality, publicity, and moral rights. This action comes in response to what she claims is the unauthorised commercial exploitation and digital misappropriation of her identity. The petition has been filed following an order from Justice Rajesh S Patil, who granted her permission under Clause XII of the Letters Patent to proceed with the suit.

Details of the Petition

In her petition, Ganguly is represented by advocate Sana Raees Khan and has named a total of 18 defendants. These include various e-commerce platforms, fraudulent event-booking websites, the social media platform Reddit, SeaArt AI, Google LLC, and certain ministries of the central government, alongside unidentified parties referred to as ‘John Does.’ The actor alleges that these entities have been exploiting her identity without her consent through various means, including e-commerce products and deceptive booking listings.

The legal documents assert that the suit aims to protect her personality and publicity rights, as well as her moral rights. These rights encompass her name, voice, image, likeness, signature, and all other distinctive attributes associated with her. Ganguly’s petition highlights the need to prevent unauthorised use, infringement, passing off, and commercial exploitation by the named respondents.

Moreover, the petition indicates that her right to privacy and dignity has been compromised due to digital manipulation. It alleges that the defendants have been using her image, persona, and likeness for commercial purposes without her consent. This includes the creation and distribution of Graphic Interchange Formats (GIFs) and AI-generated content across various websites and social media platforms.

Reliefs Sought by Ganguly

In her legal plea, Ganguly is seeking comprehensive declaratory and injunctive reliefs. She has requested dynamic blocking orders against infringing mirror links and the removal of any merchandise that violates her rights. Furthermore, she is seeking the delivery-up of infringing items and has claimed token damages amounting to Rs 5 lakh.

The case has garnered attention due to the increasing concerns surrounding the protection of personality rights in the digital age. As digital platforms continue to evolve, the potential for misuse of an individual’s identity has become a pressing issue. Ganguly’s action reflects a broader trend among public figures seeking to assert their rights in the face of unauthorised exploitation.

As the legal proceedings unfold, the implications of this case may extend beyond Ganguly, potentially influencing how personality rights are interpreted and enforced in India. The outcome could set a precedent for similar cases in the future, particularly as the entertainment industry grapples with the challenges posed by digital technology and artificial intelligence.

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