Sourav Ganguly's Personality Rights Prima Facie Violated By 'Doosra' Makers: Delhi High Court

The Delhi High Court has prima facie found that the makers of the Hindi film Doosra commercially exploited former Indian cricket captain Sourav Ganguly's personality rights by using his identity and persona without authorisation.

However, the Court has allowed the film to continue its theatrical exhibition, subject to the makers displaying a prominent disclaimer and furnishing a bank guarantee of ₹2 crore.

Justice Tejas Karia observed that Ganguly's identity and persona had been used not only to depict historical events involving him but also as part of the film's fictional narrative and promotional material.

“In the prima facie view of this Court, the defendants have commercially exploited the personality rights of Plaintiff No. 1 by unauthorised use of Plaintiff No. 1's identity and persona,” the Court said.

It further observed that the use of Ganguly's identity had generated commercial interest in the film, amounting to unauthorised commercial exploitation of his personality, publicity, identity, persona, likeness, reputation and goodwill.

"The prejudice arising from such exploitation has not only resulted in a damage to the personality of Plaintiff No. 1 but also impaired his ability to determine whether and in what manner his identity and persona may be commercially used," it held.

The Court also considered whether the scenes identified by Ganguly as objectionable could simply be deleted. However, it found that such an approach would not be workable.

“Excision of identified portions would therefore necessitate the dissection, restructuring and reconfiguration of the artistic expression embedded in the impugned film, which is not permissible by judicial direction,” the Court observed.

The court noted that the film had already been released theatrically and that the balance of convenience did not favour restraining its exhibition at this stage.

Instead, it directed the makers to display a prominently worded disclaimer in both English and Hindi for five seconds at the beginning of the film and two seconds at the end.

The disclaimer must clarify that the film is not intended to violate or infringe Ganguly's personality rights. It must also state that the use of his name does not signify his acknowledgement or consent, an issue that remains sub judice.

The court warned that failure to comply with either condition within the stipulated time would automatically trigger an injunction restraining the makers from exhibiting, distributing, streaming, monetising or otherwise exploiting the film across platforms and territories during the pendency of the suit.

They would also be restrained from disseminating promotional material that commercially appropriates Ganguly's identity and persona.

The court clarified that its observations are confined to the interim application and would not amount to an expression of opinion on the merits of the suit.