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High Court

Madras HC: Arguments to continue in Star-TRAI tariff case on Thursday

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NEW DELHI: Arguments will to continue tomorrow on the application by Star India and Vijay TV seeking a stay of the tariff orders issued by the regulator last month and slated to become effective 2 May 2017. It is expected that the arguments will conclude on Thursday and the order announced thereafter on the stay application.

The broadcasters, who have challenged the jurisdiction of the Telecom Regulatory Authority of India in issuing relating to TV content in Madras High Court, had on 28 March decided not to press for stay after the Court was informed by the regulator that it had decided to defer implementation of its tariff orders to 2 May instead of 2 April.

TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court, which had then directed the High Court to conclude the matter within sixty days.
 
The case by the two broadcasters challenging the jurisdiction of the Telecom Regulatory Authority of India on the plea that content fell under Copyright Act and did not come in the regulator’s purview had come up for hearing earlier this week in a bench headed by Madras High Court Chief Justice Indira Banerjee.

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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.

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.

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The fresh petition became necessary as the matter is being heard afresh by the Chief Justice and Justice M Sundar. 

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…

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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.

Also Read:

Hearing of Star – TRAI case begins before MHC chief justice

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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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