Singer Jubin Nautiyal approached the Delhi High Court on Thursday and filed a suit for the protection of his personality rights. Recently, the Delhi HC saw an influx of celebrities approach it for the same reason. The court questioned why Jubin, based in Uttarakhand, did not approach a local high court rather than coming to Delhi.
Delhi HC asks pertinent question during Jubin Nautiyal case
The judge questioned Jubin’s lawyer about why he did not approach a court in Uttarakhand, where he’s based. They also remarked that the courts aren’t abolished there. The counsel claimed that the Delhi HC was approached because the controlling authorities, such as the Ministry of Electronics and Information Technology (MeitY) and the Department of Technology (DoT), were located there. The court, however, did not buy the reasoning, wondering why Delhi would have jurisdiction that Uttarakhand wouldn’t.
As per Bar and Bench, the court asked, “What is the reason for coming here? Court in Uttarakhand can’t call them (defendants) and pass directions? Are you saying Google is not available in Uttarakhand? You have to tell us this, no? Why Uttarakhand doesn’t have jurisdiction when you yourself are located there? Is it the law that because the ministry is here, whatever will be against them, all jurisdiction, whether from Madras, Calcutta or Bombay will come here?”
The court was told that several other celebrities, including Vivek Oberoi, had also approached it seeking protection of their personality rights. However, the court termed those as interim orders and said they don’t create a precedent.
Why did Jubin approach the Delhi HC
Jubin claimed in Delhi HC that several entities have been exploiting his name, voice, image, likeness, and other elements of his persona without authorisation, license or permission. The singer claimed that this constitutes an infringement of his personality and publicity rights, as well as a violation of registered trademarks, copyrights, and other intellectual property rights. An order has yet to be issued in the case.
Since last year, numerous celebrities have approached the Delhi HC to protect their personality rights, rather than approaching courts in their respective states. Amitabh Bachchan, Anil Kapoor, Salman Khan, Aishwarya Rai, Jackie Shroff, Jr NTR, Kumar Sanu, Nagarjuna, Daler Mehendi and Karan Johar have approached the court over AI-generated content and deepfakes that malign their image and likeness. Despite that, the HC mentioned on Thursday that these cases don’t set a precedent for future cases involving celebrities.
