Defamation Suit by Sakshi Malik: Amazon Prime Takes Down Nani Film
Actor Sakshi Malik sought the deletion of a scene where a portfolio picture of hers was used without her permission.
The Telugu movie V has been restrained from release on the OTT platform Amazon Prime Video by the Bombay High Court on Tuesday.
This was after Mumbai-based actor Sakshi Malik sought the deletion of a scene where a portfolio picture of hers was used without her permission.
The court has ordered that the film be restrained until the scene in question is deleted.
V, starring Telugu actor Nani and Aditi Rao Hydari, released on September 5, 2020 and has been removed from the OTT platform following the High Court’s order. The court had asked the makers of the film, Venkateshwara Creations Private Limited to take down the telecast of the film in all versions, irrespective of language and sub-titles until the said deletion, reported Livelaw.
The single bench headed by Justice GS Patel was hearing a defamation suit filed by Sakshi Malik. The actor had commissioned a photo portfolio which was later shared on her Instagram account in 2017. The actor accused Venkateshwara Creations of using the picture in the movie V to depict a commercial sex worker.
The court order read, "It seems to me self-evident that it is not possible to use the image of any person for a commercial purpose without express written consent. If images are to be used without such express consent, they must be covered by some sort of legally enforceable and tenable licensing regime, whether with or without royalty. 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.”
The actor’s counsel, Alankar Kirpekar and Saveena T Bedi, argued that the actions by the filmmakers resulted in an unauthorised invasion of privacy.
The judge said, “The fact that the image has been illicitly used is bad enough. It only makes matters worse when used in a plainly derogatory and demeaning vein.”
The judge further added that the defendants will have to show the actor and her lawyers the altered portion before the court allows its re-release on Amazon Prime Video.
Following the court order, Sakshi Malik took to Instagram to thank everyone for their support.
(The article was first published in The News Minute and has been republished with permission)
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