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Salman Khan Wins Interim Relief As Delhi HC Blocks Kala Hiran Teaser (Img: Google)
New Delhi: The Delhi High Court has restrained the makers of "Kala Hiran: The Battle for Legacy" from exhibiting, streaming, broadcasting, uploading or otherwise disseminating the film’s controversial teaser and accompanying promotional material, in a significant interim order passed on a plea by actor Salman Khan.
Justice Jyoti Singh issued the directions while considering Khan’s allegations that the promotional material of the proposed film unlawfully appropriated his identity and commercial persona and caused serious prejudice to his reputation.
The Court found prima facie substance in Khan’s contention that the teaser made unmistakable references to him. The promotional video depicts a fictionalised courtroom trial involving a superstar accused of killing a blackbuck. The Court noted references to terms associated with Khan, including the titles of his films Dabangg and Sikandar, as well as details connected with the real-life blackbuck case.
The Court also took note of comments and social media posts accompanying the teaser which directly identified the fictional character with Khan and allegedly made additional assertions concerning his reputation and alleged links with criminal elements.
In its July 27 order, the High Court observed that personality rights encompass a celebrity’s name, likeness, image, voice and other distinctive attributes. It held that unauthorised commercial exploitation of such attributes can affect not only the commercial interests of a public figure but also the rights to privacy, dignity and reputation.
The Court was particularly concerned about the impact of digital dissemination. It noted that material circulated through social media and online platforms can acquire immediate and widespread reach, potentially causing irreparable injury to a person’s goodwill and reputation.
Consequently, the Court directed the concerned defendants to take down specified URLs and restrained them, until the next date of hearing, from exhibiting, streaming, broadcasting, uploading, hosting, sharing, publicising or otherwise disseminating the impugned teaser and related content through social media, websites, OTT platforms, television, print media or any other medium.
The dispute traces back to Salman Khan’s suit seeking protection of his personality and publicity rights. The actor has alleged that Kala Hiran draws substantially upon events associated with the 1998 blackbuck poaching case and uses fictionalised elements that nevertheless unmistakably point towards him. The filmmakers, however, have maintained that the project is not a biopic on Khan and have disputed the allegations raised against them.
The issue of certification by the Central Board of Film Certification (CBFC) also arose during the proceedings. Earlier, the filmmakers had informed the High Court that the film had not yet been submitted to the CBFC and that it could not be released without the requisite certification. They had also undertaken not to submit the film for certification until the next hearing at that stage of the proceedings. The July 27 order, however, specifically dealt with the dissemination of the teaser and related promotional material rather than declaring that the film itself was permanently barred from release because it lacked CBFC certification.
The High Court's latest intervention places the conflict between celebrity personality rights and creative freedom in sharp focus. It also underscores the judiciary's increasing scrutiny of the manner in which digital publicity campaigns can commercially exploit a public figure's identity while potentially affecting reputation and pending legal proceedings. The matter remains subject to further adjudication, with the filmmakers having subsequently approached the Supreme Court challenging the High Court's directions concerning the teaser and promotional material.
