Delhi High Court Passes John Doe Order To Protect Personality Rights Of Indian Actor And Producer Vishnu Manchu
The Delhi High Court has recently passed a john doe order to protect the personality rights of Indian actor and film producer Vishnu Manchu who is known for his work primarily in Telugu cinema.
Justice Mini Pushkarna was dealing with Vishnu's suit seeking protection of his name, voice, image, likeness and all other elements of his personality. The suit was filed against the unauthorized use of his personality elements, alleging that the same were used by third parties which was likely to create confusion and deception amongst the public.
It was his case that no one can utilize or misappropriate or imitate any facet of his personality or exploit the same commercially in any manner without his consent or express.
The suit was filed against 10 YouTube channels, alleging that they were misusing the actor's name, voice, image and other elements of his persona clandestinely and surreptitiously without a clear disclosure of their names, address and other details.
As per the suit, the YouTube videos were comparing Manchu's image with with animals, technology was being used to morph his face on the bodies of other people, publishing of defamatory content and utilisation of his name to host various pornographic websites.
In the order passed on October 01, Justice Pushkarna observed that Manchu demonstrated a prima facie case for grant of interim injunction in his favour. The Court said that in case no ex-parte ad interim injunction is granted, he will suffer an irreparable loss.
The Court restrained the defendant YouTube channels, including John Does, from creating or publishing or disseminating any content which defames the actor.
It further restrained the Defendants, including John Does, infringing the actor's personality rights by using his name, voice, image or any other attribute exclusively identifiable with him for any commercial or personal gain without his consent on all formats and mediums like the Metaverse, Artificial Intelligence or any future formats or mediums.
The Court further directed the Department of Telecommunications and Union Ministry of Electronics and Information Technology to suspend the links as well as URLs of the YouTube videos in question.
“In case YouTube finds that any content is not infringing, it can write to the plaintiff. In that eventuality the plaintiff is at liberty to move an appropriate application in this regard to this Court, to seek appropriate orders from this Court,” the court said.
The matter will now be heard on January 22.
Title: MANCHU VISHNU VARDHAN BABU ALIAS VISHNU MANCHU v. AREBUMDUM & ORS.