Mumbai: The Bombay High Court has deemed the unauthorized use of a woman's image in government advertisements as "commercial exploitation" and a serious violation in the digital era, emphasizing the increasing risks posed by electronic and social media platforms.
A division bench of Justices G S Kulkarni and Advait Sethna, while hearing a petition filed by Namrata Ankush Kawale, issued notices to the Central government, four state governments, the Congress Party, and a US-based company, setting the next hearing for March 24.
Kawale's petition alleges that a local photographer, Tukaram Karve, an acquaintance from her village, took her photograph and uploaded it without her consent to Shutterstock, a website hosting stock images. The image was later used unlawfully by the Union Ministry of Rural Development, the governments of Maharashtra, Karnataka, Telangana, and Odisha, as well as private entities, for advertisements and public displays.
On March 10, the High Court acknowledged the gravity of the matter, stating that such unauthorized usage highlighted critical concerns in today's digital landscape. "The issues raised in the plea are quite serious, considering the contemporary times of an electronic era and social media. Prima facie, it appears to be a commercial exploitation of the petitioner's photograph," the court noted, adding that the woman was never informed about the use of her image.
In response, the bench issued notices to Shutterstock, the state governments involved, the Telangana Congress, the Union Ministry of Rural Development, and a private entity, Total Dental Care Pvt Ltd, all of whom had allegedly used the image without consent. The court has sought affidavits from all respondents.
The case underscores a broader issue of unauthorized use of individuals’ photographs by political parties and state governments to promote various schemes. In her plea, Kawale described the violation as an alarming breach of privacy and a serious legal lapse by responsible government bodies expected to uphold the law.
She contends that the unlawful use of her photograph constitutes a violation of her fundamental rights. She has requested a permanent injunction preventing the respondents from using her image in any advertisements, promotions, websites, or social media platforms.
With PTI inputs
