Delhi High Court Orders Takedown Of 'Kala Hiran' Teaser, Related Clips In Salman Khan's Personality Rights Suit

The Delhi High Court on Monday directed that all disputed links, including the teaser of movie Kala Hiran and other online content identified by actor Salman Khan in his personality rights suit, be taken down within 24 hours.

The court further directed that if the uploaders failed to remove the content within that period, the platforms hosting it would take it down within the next 24 hours.

Justice Jyoti Singh was hearing Khan's interim application in his personality rights suit against the film's director and others associated with its production, financing, and distribution.

Khan has alleged that the upcoming movie 'Kala Hiran' is based on his identity and the 1998 blackbuck poaching case without his consent. The court had earlier issued notice on the application and subsequently heard Khan's prayers seeking to restrain the film's release and the circulation of its teaser.

At the outset of the hearing, the court questioned the makers of the movie over content that continued to remain online.

"You seem to be emboldened by the fact that there was no order in the last application," Justice Singh told counsel for the defendants. "Your client seems to think he's above the law, and he's only getting worse day by day. It's subjudice before the court."

Counsel for the film's makers sought two days to respond, submitting, "Your Ladyships, just grant me two days' time. This is a fresh application."

The court declined the request, observing, "I think I was slightly mild with you because I thought... but you're an incorrigible person. I grant you not even two minutes. Last time I granted you time, I was indulgent."

Justice Singh then asked the team behind movie whether they would remove the material themselves or whether the Court should direct them to do so, adding that "every minute that this is in the public domain, it is harming the reputation of this plaintiff."

The defendants submitted that the teaser did not identify Khan by name and argued that the makers could not be held responsible for videos uploaded by third parties containing interviews.

The court then directed that the teaser be played during the hearing. After watching it, Khan's counsel submitted that it "left nothing to imagination" and that the film "is completely about me."

Despite this, the filmmakers continued to maintain that the teaser was a fictional work protected as artistic expression. Counsel submitted, "This is only a teaser. How is his personality getting influenced by this? I'm not taking his name anywhere. This is no deepfake, no AI."

Counsel further argued that a broad restraint could affect future films based on public events, submitting, "There are hundreds of movies. If this is the way, then tomorrow, no politician can let the movie be on any political drama."

During the hearing, the defendants also referred to the appellate history of the 1998 blackbuck case, submitting that Khan had been acquitted in three cases, while in the remaining case the sentence had been suspended, and later referring the Court to documents concerning the convictions and appeals in that matter.

The court also addressed the role of intermediaries, observing, "As platform owners, I think somewhere I'll have to start fixing your responsibilities to host these contents."

Noting that the link remaining online would hamper Khan's reputation, the court observed, "Reputation is built with great effort. Once lost, it's lost. Even if these kind of things remain for 24 hours, somebody suffers."

To facilitate compliance, the court directed the parties to prepare a consolidated list of the disputed material, identifying the uploaders, platforms, and links, and provide it in soft copy.

Closing the hearing, Justice Singh observed, "Since you don't want to take this down yourself, now I'm going to make some very strong observations. This thing must stop."