Salman Khan Files Suit in Delhi HC to Safeguard Personality Rights

New Delhi, December 2024 – In a move underscoring the escalating concerns over digital exploitation in the entertainment industry, Bollywood superstar Salman Khan has approached the Delhi High Court seeking robust protection for his personality rights. The veteran actor's petition, filed against multiple defendants including unnamed John Doe entities, aims to restrain unauthorized commercial use of his image, voice, and other distinctive traits. This action aligns with a burgeoning trend among Indian celebrities turning to the judiciary to combat the misuse of their personas in the online marketplace.

The suit, titled Salman Khan v. Ashok Kumar & Ors. , is slated for hearing on December 10, 2024, before Justice Manmeet Pritam Singh Arora. Khan's grievance centers on the unauthorized deployment of his likeness for promotional purposes across e-commerce and social media platforms, a practice that not only dilutes his brand value but also risks misleading consumers. This case arrives on the heels of similar petitions by Telugu actor Jr NTR, who on December 8, 2024, secured interim directions from the same court compelling digital platforms to respond within three days under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The Rising Tide of Personality Rights Litigation

Personality rights, a subset of intellectual property law in India, encompass an individual's right to control the commercial use of their name, image, voice, and other identifiable attributes. Rooted in common law principles of privacy and publicity, these rights have gained prominence in the digital era, where AI-generated deepfakes and algorithmic endorsements proliferate unchecked. The Delhi High Court has emerged as a key battleground for such disputes, issuing a series of ex parte injunctions and John Doe orders to preemptively curb infringements.

Khan joins an illustrious roster of public figures who have successfully invoked judicial intervention. In recent months, coordinate benches of the Delhi High Court have fortified the personality rights of icons such as Amitabh Bachchan, Aishwarya Rai Bachchan, Abhishek Bachchan, Telugu actor Nagarjuna, Anil Kapoor, Jackie Shroff, film producer Karan Johar, spiritual leader Sri Sri Ravi Shankar, and Isha Foundation founder Jaggi Vasudev. These rulings often emphasize the commercial goodwill attached to a celebrity's persona, treating unauthorized exploitation as tantamount to passing off or unfair competition.

A poignant example is the recent protection granted to podcaster Raj Shamani, where Justice Arora observed that Shamani's status as a "known face in India, especially in the field of content creation," warranted safeguards against misuse. Similarly, journalist Sudhir Chaudhary received a John Doe order to halt the dissemination of allegedly AI-generated defamatory videos on social media. These precedents highlight the court's evolving jurisprudence, blending traditional IP doctrines with the exigencies of digital intermediaries.

For Jr NTR's case, heard by Justice Manmeet Pritam Singh (likely a reference to the same judicial roster), the court directed platforms to treat the petition as a formal complaint under the IT Rules, 2021. Senior Advocate J. Sai Deepak, representing the actor, argued that Jr NTR's name, image, and stylistic expressions were being co-opted for ads, campaigns, and product promotions without consent, inflicting harm on his professional stature. The matter is next listed for December 22, 2024, with expectations of a detailed interim order.

Legal Framework and Judicial Approach

At the heart of these litigations lies the intersection of personality rights with statutory mechanisms like the Information Technology Act, 2000, and its intermediary guidelines. The IT Rules, 2021, impose due diligence obligations on platforms to expeditiously remove infringing content upon receiving a court order or formal complaint. In Khan's suit, as in Jr NTR's, the court has invoked these provisions to fast-track responses, underscoring the judiciary's recognition of the transient nature of online content.

John Doe orders, a staple in these proceedings, allow plaintiffs to target unidentified wrongdoers, a necessity in the anonymous digital realm. As noted in the sources, "Khan has approached the High Court seeking directions against several entities, including unknown (John Doe) defendants to restrain them from unauthorisedly using his personality rights." This tool empowers courts to issue blanket injunctions against platforms, compelling them to monitor and takedown content proactively.

From a doctrinal perspective, Indian courts draw on Article 21 of the Constitution (right to life and personal liberty) to underpin privacy-based claims, while publicity rights are enforced via tortious remedies for passing off under the Trade Marks Act, 1999. The Supreme Court's observations in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) have further entrenched the right to privacy, influencing lower courts to extend protections against commercial misappropriation.

Yet, challenges persist. Platforms often invoke safe harbor provisions under Section 79 of the IT Act, arguing they are mere conduits. Recent rulings, however, have narrowed this defense, requiring intermediaries to demonstrate active vigilance. In the context of AI, as seen in Chaudhary's case, courts are grappling with novel issues like synthetic media, potentially paving the way for specialized guidelines.

Implications for Legal Practice and the Entertainment Sector

This surge in personality rights suits signals a paradigm shift in IP enforcement, particularly for legal practitioners specializing in media and technology law. Firms advising celebrities must now prioritize preemptive digital audits and contractual clauses governing image rights in endorsements. The Delhi High Court's efficiency—evidenced by three-day response mandates—sets a benchmark, encouraging similar actions in other high courts like Bombay and Madras.

For the justice system, these cases highlight resource strains. With hearings crammed into urgent slots, judges like Arora are balancing celebrity equities against free speech concerns under Article 19(1)(a). Critics argue that John Doe orders risk overbreadth, potentially chilling legitimate user-generated content. Nonetheless, the trend fosters accountability among platforms like Meta, Google, and Amazon, which face mounting liability for hosted infringements.

Economically, the stakes are high. Bollywood's soft power, valued at billions, relies on persona integrity. Unauthorized uses erode endorsement revenues and fan trust, as seen in global parallels like the Tom Cruise deepfake scandals. In India, where e-commerce penetration is exploding, these protections could standardize "right of publicity" as a licensable asset, akin to trademarks.

Jr NTR's professional trajectory illustrates the broader canvas: fresh off the Oscar-winning RRR and upcoming ventures like War 2 with Hrithik Roshan and Prashanth Neel's Dragon (slated for 2026), the actor's suit underscores how digital threats imperil career momentum. Similarly, Khan, a box-office behemoth with films like Tiger 3 , leverages his suit to fortify his brand amid a post-pandemic content boom.

Broader Societal and Policy Ramifications

Beyond celebrities, these developments resonate with non-entertainment figures like spiritual leaders and journalists, democratizing personality rights. Sri Sri Ravi Shankar's protection against "The Art of Living" misattributions exemplifies this extension. For policymakers, the cases spotlight regulatory gaps: while the IT Rules address takedowns, a dedicated framework for AI and deepfakes remains elusive. The Ministry of Electronics and Information Technology (MeitY) could draw from the EU's AI Act to propose ethical safeguards.

Public discourse, too, evolves. As platforms like Instagram and Flipkart host AI-cloned endorsements, consumer awareness campaigns become imperative. Legal education must adapt, incorporating modules on digital IP to equip young lawyers for this frontier.

In sum, Salman Khan's petition, intertwined with Jr NTR's and a constellation of precedents, heralds a vigilant era for personality rights. As the Delhi High Court reconvenes, its rulings will likely reinforce judicial trends, compelling digital ecosystems to recalibrate. For legal professionals, this is not merely celebrity drama but a clarion call to navigate the blurred lines between fame, technology, and law.

Word count: 1,248. This article is based on reports from Press Trust of India, News18, and Live Law. Developments will be updated as the hearings progress.