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High Court

Hearing of Star – TRAI case begins before MHC chief justice

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NEW DELHI: The case by Star India and Vijay TV challenging the jurisdiction of the Telecom Regulatory Authority of India on the plea that content did not come in the regulator’s ambit commenced today in a bench headed by Madras High Court Chief Justice Indira Banerjee.

Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.

However, the matter was listed for tomorrow after a brief hearing when the Star India counsel commenced speaking as the court had other matters to conclude.

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After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

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The fresh petition became necessary as the matter is being heard afresh by the Chief Justice. Star India SVP – Legal and Regulatory – Pulak Bagchi confirmed that while the primary case remained on the grounds of the Copyright Act remained the same, a new petition had been filed because it was coming up before the Chief Justice.  

Last month, Star India and Vijay TV decided not to press for their pleas for extension of the tariff order following TRAI’s announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. The court had fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters over two days commencing last Friday.

Earlier, on 3 March, the regulator had issued three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex court also asked the high court to conclude hearing in 60 days.

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Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. The orders can be seen at:

http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

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Also Read:

Chief Justice of MHC to hear Star India case against TRAI under Copyright Act

Coordinate with registry for mentioning TV tariff matter, says Madras HC CJ

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High Court

Bombay HC likely to protect Kartik Aaryan’s personality rights

Actor seeks Rs 15 crore damages over AI misuse, deepfakes and merch

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MUMBAI: In an age where faces can be faked and voices cloned, even stardom needs legal armour. The Bombay High Court has indicated it will pass an order safeguarding the personality and publicity rights of Bollywood actor Kartik Aaryan, following allegations of widespread digital misuse of his identity.

The matter, heard by Justice Sharmila U. Deshmukh, centres on a plea filed by Aaryan seeking a broad John Doe injunction against 16 defendants, including e-commerce platforms, social media intermediaries and unidentified entities. The court noted the concerns raised and said appropriate orders would be issued.

At the heart of the case lies the growing threat of artificial intelligence-driven impersonation. Aaryan’s petition flags multiple instances of deepfake content circulating across platforms such as YouTube and Instagram, where his likeness has allegedly been used to create fabricated videos, including false romantic link-ups and objectionable scenarios designed to drive engagement.

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In one particularly alarming example, the actor’s legal filing cites AI-generated visuals that falsely associate him with controversial global figures, including Jeffrey Epstein. The plea argues that such content not only misleads audiences but also causes serious reputational damage.

The concerns extend beyond content to commerce. The suit alleges that unauthorised merchandise bearing Aaryan’s name and image is being sold across platforms such as Amazon, Flipkart and Redbubble, without his consent. Additionally, the actor has raised red flags over AI-powered chatbots that mimic his voice and simulate conversations, warning of potential misuse in fraudulent activities.

Aaryan’s filing underscores that he is the registered proprietor of the trademark “Kartik Aaryan”, with his name, voice and likeness carrying significant commercial value. The unauthorised use of these attributes, the plea states, leads to “immediate and irreparable harm” to his goodwill.

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Seeking both preventive and punitive relief, the actor has requested a permanent injunction restraining entities from exploiting his identity in any form be it name, voice, signature or distinctive dialogue style. He has also sought damages amounting to Rs 15 crore for alleged commercial misappropriation and reputational loss.

The case highlights a larger legal and cultural moment, where the lines between reality and replication are increasingly blurred. As AI tools become more accessible, courts are now being called upon to define the boundaries of identity in the digital age, where a face may be famous, but control over it is no longer guaranteed.

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