In one of the first judicial interventions in India, granting protection to the personality and publicity rights of a sportsperson, the Delhi High Court on Tuesday ordered Cricket Tak (one of the primary defendants) and Others to take down all infringing posts, videos, and allied content related to Sunil Gavaskar from their social media platforms and/or e-commerce websites within 72 hours.
Certain platforms allegedly have been using the legendary former India captain’s name for their commercial benefits. Disparaging and lewd comments, too, allegedly have been posted on certain platforms involving Gavaskar and another sports broadcaster. The batting great had moved court challenging that. The court further ordered that, in the event of non-compliance by the primary defendants, the concerned platform intermediaries (proforma defendants) shall remove such infringing content.
Unauthorised attribution, digital dissemination, and commercial exploitation across social media and e-commerce platforms have been a long-standing issue. In that context, the order from the Delhi High Court can be called a game-changer.
Gopal Jain, senior advocate, appeared for the plaintiff (Gavaskar), assisted and briefed by adv. Shlok Chandra and Krida Legal, comprising Vidushpat Singhania (managing partner), Aashita Khanna (managing associate), Kartikeya Prasad (managing associate), Aanya Agarwal (associate) and Karunakar (associate).
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