Delhi High Court’s Action on Film Teaser Depicting Salman Khan’s Legal Battle
On Monday, the Delhi High Court announced its decision to issue an order for the removal of a film teaser from social media platforms. The teaser, associated with the movie Kala Hiran: The Battle for Legacy, reportedly features actor Salman Khan and references the 1998 Blackbuck poaching case still pending against him. Justice Jyoti Singh confirmed that links to this content should be removed from online platforms within 24 hours. Failure to comply would prompt the Court to direct platforms like YouTube and X to take down the content.
Protection of Personality Rights
The court was addressing a plea from Salman Khan, who sought to protect his personality rights. Previously, the Court had issued protection orders for these rights, and Khan had filed an additional application aiming to ban Kala Hiran, alleging it revolves around the 1998 poaching case in which he is involved.
Khan argues that the film falsely associates him with the underworld and claims the film’s poster is defamatory, infringing upon his personality rights. He expressed concerns that the film could jeopardize his right to a fair trial, as legal proceedings remain ongoing before the Rajasthan High Court and the Supreme Court.
Allegations of Defamation and Sub Judice Concerns
The film’s poster, released on May 29, allegedly depicts a character resembling Khan, complete with a bracelet similar to one he is known to wear. Khan’s application referenced media reports and statements from the film producer, Amit Jani, stating these leave no doubt the film is based on the ongoing Blackbuck case.
Khan’s petition also noted that he had sent a legal notice to the filmmakers, which Jani reportedly tore up during a public interview. Jani later claimed on X that he was being threatened by Khan and the underworld.
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Court’s Critique of the Producer’s Actions
Justice Singh criticized Jani’s actions, stating, “Your client seems to think he is above the law. The reputation of Salman Khan is being harmed every minute this content remains online.” She emphasized that such conduct is unacceptable, even for a common individual.
Defense and Legal Arguments
Jani’s counsel contended that the teaser does not mention Khan by name nor utilizes deepfake or AI technology, arguing that there is no exclusive protection against portraying public events. “This is only a teaser; how is his personality getting infringed?” he submitted.
Khan’s counsel countered, stating that the film clearly targets the actor, noting that Khan has been acquitted in three of the four related cases and that the sentence in the remaining case has been suspended. “Do I not have a right to a fair trial?” Khan’s counsel questioned.
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Judicial Observations and Responsibilities
Justice Singh, after reviewing the teaser, remarked that the producer was committing contempt by depicting matters that are sub judice. She stressed the importance of safeguarding one’s reputation, noting, “Reputation is built with great effort; once it’s lost, it’s lost.”
Meta and Google’s counsel argued that online intermediaries should not be subject to pre-publication injunctions. However, the Court suggested that some responsibility should be placed on these platforms, stating, “As platform owners, I will have to fix some responsibility on you somewhere.”
The Court instructed Khan’s legal team to compile a list of all allegedly infringing links for the Court to issue takedown orders. Senior advocate Ravi Prakash, along with several other legal experts, represented Khan, while advocates Varun Pathak and Aditya represented Meta and Google, respectively.
