Bombay HC says khamosh is exclusively' linked with Shatrughan Sinha's persona, bars misuse of his name, voice, images

Actor Shatrughan Sinha, whose iconic dialogue ‘khamosh’ is still a fan favourite after decades, has been granted relief on his personality rights. As per the latest update on the news agency ANI, the Bombay High Court has said that the signature ‘khamosh dialogue is “exclusively associated” with his persona. It has also prohibited the use of his name, images and other personal attributes to create online content without his consent.

Bombay HC has ruled in favour of actor Shatrughan Sinha in protection of his personality rights. (ANI)

What did Bombay HC decide?

“It needs no reinforcement that the expression “Khamosh” which was delivered by the Plaintiff (Sinha) in his unique and distinct style in one of his films is associated exclusively with the Plaintiff’s persona,” the HC said.

In an interim order passed on a petition filed by Sinha, Justice Sharmila Deshmukh on February 16 directed all websites and social media platforms to take down such content forthwith. It also prohibited the unauthorised uploading of such material in future. The detailed order copy became available on Saturday (February 21).

The petition, filed through Advocate Hiren Kamod, sought protection of the veteran actor’s personality rights and a permanent injunction or order against the unauthorised use of his name, image and other personal attributes including his famous punchline “Khamosh” (which means silence in Hindi).

‘Actor has a unique style of dialogue delivery’

The high court in its order noted that actor has a unique style of dialogue delivery, and is especially known for the unique manner of saying “Khamosh” onscreen. The HC further added that it was of “prima facie opinion” that Sinha’s name, likeness, image, persona, etc. deserved to be protected, as the material submitted by the actor with regard to the misuse of his name and image showed infringement of his personality rights, public rights and violation of his privacy.

While ordering deletion of all such online content, the court posted Sinha’s petition for further hearing on March 30.

The order also noted that the concept of personality rights has gained momentum due to their unauthorised exploitation on digital platforms and social media for commercial gains, especially in the case of famous people.

“The personality rights… encompass right to exclusive use of one’s own name, style, voice, personality, and so on, and with advent of artificial intelligence, digital mediums have been uploaded with digital forgeries resulting in violation of personality rights,” the HC observed.

(with inputs from ANI)