'Prima Facie Commercial Exploitation': Bombay HC Issues Notices On Plea Against Alleged Unauthorised Use Of Woman's Photos In Ads

The Bombay High Court has sought response from the US-based company Shutterstock, various State government, political parties and private agencies in relation to a plea by a woman alleging unauthorised use of her photographs by political parties and state governments in advertising their different schemes.Taking note of the serious concerns raised by the woman concerning her right to privacy, a division bench of Justice G. S. Kulkarni and Justice Advait M. Sethna opined that the case prima facie appears to be a commercial exploitation of the woman's photos. “Prima facie, it appears to be a commercial exploitation of the petitioner's photograph. This is alleged to have happened completely without the petitioner even being informed about the same. It is, therefore, the petitioner's contention even if she hails from the rural area, this is a case of serious breach of petitioner's right to privacy as a women and such rights as guaranteed to her under the Constitution. It is her contention that the breach of her privacy, as in the present case, is extremely alarming and such illegality could not have taken place from responsible bodies like the respondents, who are supposed to adhere to law” the Court noted. Namrata Ankush Kawale (petitioner) submitted that one Tukaram Nivrutti Karve (respondent no. 1) who belongs to her village had taken her photographs a few year back. She stated that without her consent, he uploaded her photos on shutterstock.com (respondent no. 2). She stated that various political parties, private agencies and State Governments including Government of Maharashtra, Government of Telangana, Congress Party of Telangana, Ministry of Rural Development, State of Odisha, State of Karnataka in advertising their different schemes are using her photos. She stated that her photographs are being used in advertisement and hoardings throughout the country and in online platforms without her consent. The petitioner thus sought to permanently restrain the respondents from using, displaying, distributing, sharing or selling her photograph on their website boards, social media platforms, advertisement, promotions or any other medium. Noting the seriousness of the allegations, the Court issued notice to Shutterstock and sought its response.“The issues are quite serious, considering the contemporary times of an electronic era and social media. The respondents need to answer the writ petition. Issue notice to respondent no. 2 to be served by the Registry through the Ministry of External Affairs and the US Consulate at Mumbai/New Delhi.”The Court further issued notices to various State government and private entities. It will next hear the matter on March 24. Case title: Namrata Ankush Kawale & Anr vs. Tukaram Nivrutti Karve & Ors.Click Here To Read/Download Order

'Prima Facie Commercial Exploitation': Bombay HC Issues Notices On Plea Against Alleged Unauthorised Use Of Woman's Photos In Ads

Sanjana Dadmi

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