Mumbai: Observing that consent is at the heart of the matter, the Bombay High Court has directed streaming platform Amazon Prime to immediately take down the Telugu film ‘V’ until the producers delete the scene in which model-actress Sakshi Malik’s photograph had been used without her prior permission.

“Simply using another’s image, and most especially a private image, without consent is prima facie impermissible, unlawful and entirely illegal. In a given case, it may also be defamatory, depending on the type of use,” said Justice Gautam Patel on Tuesday.

The order came on a defamation suit filed by Malik against the “utterly illicit use” of her photograph by Venkateshwara Creations Pvt Ltd and V Venkata Ramana Reddy aka Dil Raju in the film ‘V’ that was released on September 4, 2020, and since then was available on Amazon Prime. In August 2017, Malik had uploaded photographs on her Instagram account and one of these pictures was used in the film in a reference to a “female escort or a commercial sex worker” and it was defamatory, argued her advocate Alankar Kirpekar.

The producers’ advocate, Akash Menon, said they had contracted an agency which had assured them they could legitimately use the image. But Justice Patel said her consent was necessary. “This is actually at the heart of the matter: Question of consent, or, more accurately, the damage done from the failure to obtain the plaintiff’s consent and permission to use her photograph and image in any manner at all. The fact that the image has been illicitly used is bad enough. It only makes matters worse when used in a plain derogatory and demeaning vein,” the judge said.

Noting that the matter will need to be examined more closely, the judge directed that Amazon Prime take down the film in all versions, irrespective of language and subtitles until the producers delete all images of Malik. “It is not acceptable for them to merely pixelate or blur the images. The entire sequence which has the image of the plaintiff is to be removed immediately,” said Justice Patel, granting 24 hours to do so.

He also restrained the release of the film on any media platform until the deletions are affected. Amazon Prime will not release any re-edited version of the film without HC order and the film will have to be shown to Malik before the judge permits its re-release, the court added.

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Mumbai: The Bombay high court on Thursday allowed the rerelease of Telugu film ‘V’ on streaming platform Amazon Prime after it was informed that the scene in which model-actress Sakshi Malik’s photograph was illicitly used has been deleted.

The order by Justice Gautam Patel came after Amazon Prime informed that the film was taken down and the producers moved court for its re-release. Malik, through videoconference, confirmed the deletion was satisfactory and gave her nod to vacating the prohibition on re-release.

On Tuesday, Amazon Prime was directed to take down the film on a defamation suit filed by Malik against Venkateshwara Creations Pvt Ltd and V Venkata Ramana Reddy aka Dil Raju. The film, released on September 4, 2020, had used one of her pictures uploaded on Instagram in August 2017 with reference to a “female escort or a commercial sex worker”.

Justice Patel also accepted the producers’ undertaking that they will not further release the film with Malik’s photograph on any platform without her express consent. The judge also asked Malik to decide whether she wants to settle the matter or go ahead with the suit. He explained to her the ramifications of a long-drawn trial of a suit and said he could, at best, expedite its hearing.

Malik’s advocate Alankar Kirpekar said after the film was released the producers were approached to delete the scene. Only after HC’s order it was deleted within 24 hours. “Coming to court was the last resort,” he said, adding that “the usage of a woman as an object has to be stopped”. “If interim costs are imposed it will send a strong message...There should be no more Sakshi Maliks,” Kirpekar said.

Justice Patel agreed that Malik is “perhaps only the latest, and sadly possibly not the last, of a series of women who have constantly been objectified and taken for granted”. Slamming the producers, the judge asked their advocate Akash Menon: “Does your producer...have ladies (sic) in his family? Why didn’t he use their photographs? This is because he knows the context (of its use).” Menon replied that his clients were under a bona fide belief that the creative agency that sent the photograph had her consent.

Malik recounted the trauma and embarrassment she suffered since the film’s release. “...Even now I am suffering,” she said, adding that she has lost a lot of work. On March 25, Justice Patel will hear arguments on interim costs and has requested Malik to remain present.