AMAZON PRIME ASKED TO REMOVE A TELUGU FILM “V” OVER A DEFAMATION CASE: Bombay High Court

3rd March 2021

The Bombay High Court directed OTT Platform Amazon prime to take down a Telugu film titled “V” produced by Venkateswara Creations Pvt Ltd within 24 hours after a civil defamation case filed by Sakshi Malik (Bollywood actor and model) for using her image in a segment of the film without her permission. Counsel on behalf of Malik stated that the scene where Malik’s image was showed referred to her as a commercial sex worker.

Justice Gautam Patel said this a prima facie case in favour of Malik and held, ‘Simply using another’s image, and most especially a private image, without consent is prima facie impermissible, unlawful and entirely illegal. In a given case, it may also be defamatory, depending on the type of use.”

Counsel on behalf of Malik argued that the image used in the film was apparently posted on Malik’s Instagram account. Using such an image without her permission attracts unauthorized invasion of privacy and private material.

The Hon'ble court agreed with the issues raised by Malik and her Advocate, directing the OTT Platform Amazon to take down the film within 24 hours. Pixelating or blurring the image will not be acceptable; the entire sequence needs to be removed. But allowed to replace the deleted sequence without using Malik’s images. The court further ordered that the producers not produce the film unless the Court gives a specific order.

Author: Papiha Ghoshal