The Bombay high court on 4th March permitted the re-release of Telugu film V on OTT platform Amazon Prime Video after it was informed that its order for deletion of a scene in which model-actress Sakshi Malik’s picture had been used illicitly, had been complied with. On 2nd March, the streaming platform had been directed to take down the film in all versions, irrespective of language and subtitles, on a defamation suit filed by Sakshi (in picture) against Venkateshwara Creations Pvt. Ltd. and V. Venkata Ramana Reddy alias Dil Raju (in picture). Justice Gautam Patel had observed that consent was at the heart of the matter before asking Amazon Prime to take down the film. He had explained, “Simply using another’s image, and most especially a private image, without consent is prima facie impermissible, unlawful and entirely illegal. In a given case, it may also be defamatory, depending on the type of use.” The court had given the producers 24 hours to delete the entire sequence which had Sakshi’s image and had added that it would not be acceptable for the producers to merely pixelate or blur the images of Sakshi. The judge had restrained the release of the film on any platform until the deletions were effected and unless the re-edited version of the film was permitted by the HC to be re-released, and approved by Sakshi before the HC’s nod. The film was premiered on Amazon Prime on September 4, 2020. In the film, one of Sakshi Malik’s photographs uploaded on Instagram in August 2017, had been used with reference to a “female escort or a commercial sex worker”.
Justice Gautam Patel passed the order for allowing Amazon Prime to re-release the film after the platform informed the court that the film had been taken down and gave the court an undertaking that it would not be further released on any platform with Sakshi’s photograph, without her consent. Sakshi, through video conference, confirmed that she was satisfied with the deletion, and gave her nod to the court vacating the stay on its re-release, as desired by Dil Raju. The judge also asked Sakshi to decide whether she wanted to settle the matter or go ahead with the defamation suit.
Sakshi’s advocate told the court that the producers of the film were approached on behalf of Sakshi Malik after the film’s release but the scene was deleted within 24 hours, only after the HC order. Stating that knocking the doors of the court was the last resort, the advocate added that objectifying a woman had to be stopped. “If interim costs are imposed, it will send a strong message… There should be no more Sakshi Maliks,” explained the advocate. An agitated judge asked the producer’s advocate, “Does your producer… have ladies in his family? Why didn’t he use their photographs? This is because he knows the context (of its use).” The producer’s advocate replied that the producers had sought the permission of the creative agency which had sent the picture, and were under the bona fide belief that the agency had Sakshi’s consent.
The actress recounted the trauma and embarrassment she suffered since the film’s release and added that she was still suffering. She explained that she had lost a lot of work after the film’s release.
Justice Patel will hear arguments on interim costs on March 25. He has requested Sakshi Malik to remain present in the court for that hearing.