Misuse of woman’s photo in govt and political campaigns?

The Bombay High Court has taken note of a petition filed by a woman alleging the unauthorised use of her photograph by several political parties and state governments.

The court has sought responses from various parties involved, including the photographer, a US-based stock photo company and the governments of Maharashtra, Karnataka, Telangana and Odisha.

The petition, filed by Namrata Ankush Kawale, highlights a breach of her privacy rights after her photograph was allegedly used in various advertisements and campaigns without her consent.

According to Kawale, the photograph was taken by Tukaram Nivrutti Karve, a photographer from her village, and subsequently uploaded to Shutterstock, a US company hosting royalty-free images. The photograph was then utilised by multiple entities, including state governments, political parties and private companies, for promotional purposes.

During the hearing on 10 March, a bench comprising Justice G.S. Kulkarni and Advait M. Sethna noted the gravity of the issue in the digital age, where privacy violations can have significant implications.

"The issues are quite serious, considering the contemporary times of an electronic era and social media. The respondents need to answer the writ petition," the court observed.

Kawale’s plea seeks a permanent injunction to prevent the continued use of her image by any entity, whether on websites, social media platforms, advertisements or in any promotional or commercial capacity. She has also demanded appropriate legal action against the respondents for violating her privacy rights.

The court acknowledged the prima facie evidence suggesting commercial exploitation of Kawale’s photograph, pointing out that the use occurred without her knowledge or consent.

Highlighting the alarming nature of the breach, the court stated, "Prima facie, it appears to be a commercial exploitation of the petitioner’s photograph. This is alleged to have happened completely without the petitioner even being informed about the same."

Bar and Bench has reported that the court has now directed the photographer, Shutterstock, and the states involved to respond to the petition.

The matter has been scheduled for the next hearing on 24 March.