The Mumbai High Court has instructed OTT platform Amazon to withdraw a Telugu film until the film’s producer deleted a scene that allegedly used a photo of an urban actor without prior permission.

Judge Gautam Patel heard a defamation lawsuit filed by model and actor Sakshi Malik against Venkateshwara Creations on Tuesday, alleging that they used her photos in their films without permission. Malik advocate Saveena Bedi (Saveena Bedi) said that a picture of Malik was shown at the scene, saying that she was a commercial sex worker.

The court said in the judgment: “Using other people’s images without consent, especially private images, is ostensibly not allowed, illegal, and completely illegal. Under certain circumstances, depending on the type of use, this It may also be defamatory.” Order. A copy of the order was available on Wednesday.

Judge Patel said: “The fact that the image is used illegally is bad enough. The situation is only worse when the image is used in a clearly derogatory and derogatory way.”

The court instructed OTT platform Amazon to delete the movie within 24 hours until the scene is deleted. “It is unacceptable for them (the filmmakers) to pixelate or blur the image only. The entire sequence with the plaintiff’s (Malik) image should be deleted immediately,” Judge Patel said.

Malik advocate Bedi argued that the actor has a huge following on social media and has also appeared in several Bollywood songs.

Bedi argued that Malik’s photo was illegally used by the defendant in the Telugu movie “V” released on Amazon on September 5, 2020. Based on Malik’s clothes, she commissioned a photographer to create a portfolio in 2017.

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Bedi said: “In August 2017, she (Malik) posted some photos from her portfolio on her Instagram account. One of the photos was used in a scene in a Telugu movie, and one of them was mentioned. Commercial sex workers.”

According to the lawsuit, this is an unauthorized intrusion of privacy and unauthorized use of private materials. It said that the slander against Malik was that her image was used to portray her as an escort or commercial sex worker in the movie.

Judge Patel pointed out in the order that the arguments made by Malik and her lawyers were correct.

The command said: “Indeed, I think there is no other way to view it.”

The defendants claimed that they had signed a contract with an agency to purchase the image and believed that the photo would be approved in advance by the woman.

However, the court pointed out that the defendant’s argument seemed “not convincing.”

Judge Patel said: “There is no doubt that any thoughtful filmmaker will insist on the approval or consent of the model or character.” He added that this must be a standard procedure everywhere.

The court said that once the defendant has made the necessary changes and deletions, it must be proved to Malik and his defenders. Judge Patel said: “Only after this can I allow Defendant 3 (Amazon) to re-release the movie.”


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