Hyderabad: The Bombay High Court on 3 March asked Amazon Prime Video to take down the Telugu movie 'V', starring actor Nani, from its platform until a scene that shows a photo of Mumbai-based actor Sakshi Malik is deleted.
Also, the court has restrained movie studio Venkateswara Creations from releasing the movie in other versions, irrespective of language and subtitles, until the said deletion.
Sakshi Malik had requested the movie be permanently removed from the platform but the court granted an interim order restraining the producers from releasing or telecasting the movie on any platform until the said scene was deleted.
Sakshi has accused Venkateswara Creations of using her photo without her permission. In the movie, her photo is depicted on a mobile screen. She has claimed the photo was taken without her consent from her Instagram account. The actor had shared the said photo on Instagram on 16 August 2017.
Her lawyers said the act of the studio results in an unauthorized invasion of privacy. "There was an unauthorized use of her image to depict her in the motion picture as an escort or commercial sex worker," said her lawyers.
While observing that the case results in defamation per se, the court ordered, "It seems to me self-evident that it is not possible to use the image of any person for a commercial purpose without express written consent. If images are to be used without such express consent, they must be covered by some sort of legally enforceable and tenable licensing regime, whether with or without royalty. 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."
The court gave Amazon Prime 24 hours to remove the movie from its platform. Also, it said Amazon Prime cannot release the re-edited version of the film without a specific order of the court.
'V' is a 2020 Indian Telugu action thriller film written and directed by Mohana Krishna Indraganti and produced by Dil Raju under the banner of Sri Venkateswara Creations. The film stars Nani, Sudheer Babu, Nivetha Thomas, and Aditi Rao Hydari. The film was released on Amazon Prime Video on 5 September 2020.