The Delhi High Court ordered the removal of a teaser and promotional materials for the film “Kala Hiran: The Battle for Legacy” this month [1].
The ruling highlights the tension between creative expression and the personality rights of public figures in India. By restricting the distribution of promotional content, the court has signaled that the protection of an individual's reputation may outweigh a production's marketing goals.
Legal representatives for actor Salman Khan argued that the teaser depicted a character resembling the actor and referenced the 1998 [2] black-buck poaching case. The legal team said the content infringed upon Khan's personality and publicity rights.
In the ruling issued in July 2024 [3], the court directed platforms such as YouTube to remove the material. A justice for the Delhi High Court said, "Reputation once lost is lost" [4].
Despite the order to remove the teaser, film producer Amit Jani said the movie will release as scheduled in September 2024 [5]. Jani said that the film's timeline remains unchanged despite the court's direction to YouTube.
Other reports indicate a complex legal timeline. While some sources confirm the takedown order, others noted that the court deferred a hearing on Khan's plea to halt the entire film's release until July 6, 2024 [6]. This suggests the court may have distinguished between the removal of specific promotional clips and the banning of the full feature film.
“"Reputation once lost is lost."”
This case underscores the expanding legal framework surrounding 'personality rights' in India, where celebrities can seek to prevent the unauthorized use of their likeness or life events in commercial media. The court's decision to order a takedown while allowing the film's production to proceed suggests a narrow legal remedy focused on immediate reputational harm rather than a total censorship of the creative work.
