HC sends notices to Centre, 4 states for 'illegal' use of woman's picture

The photo has been used unauthorisedly by the state governments of Maharashtra, Telangana, Karnataka and Odisha and the Union Ministry of Rural Development

The Bombay High Court has deprecated the "commercial exploitation" and illegal use of a woman's photograph without her consent in government advertisements and issued notices to the Centre and four state governments.

The woman, Namrata Ankush Kawale, in her plea said her picture taken by a photographer, an acquaintance, was uploaded on the website 'Shutterstock.com' without her consent and knowledge.

The photo has since then been used unauthorisedly by the state governments of Maharashtra, Telangana, Karnataka and Odisha and the Union Ministry of Rural Development and some private entities on their websites, hoardings and other advertisements, she alleged.

A division bench of Justices G S Kulkarni and Advait Sethna, in its order on March 10, said the issues raised in the plea were "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 HC said.

The bench issued notice to Shutterstock, a US based company that hosts a website with royalty-free stock photographs, and various state governments, including Maharashtra, Karnataka, Telangana and Odisha.

The notice was also issued to the Telangana Congress, the Union Ministry of Rural Development and a private entity, Total Dental Care Pvt Ltd, which had used the petitioner's photograph.

It sought affidavits from all the respondents and posted the matter for further hearing on March 24.

The high court said the present case brings to fore a serious issue about unauthorised use of the woman's photograph by various political parties and state governments in advertising their schemes.

The woman in her plea said that Tukaram Karve, a photographer from her village, had taken her picture and uploaded the same without her consent on Shutterstock website.

The state governments of Maharashtra, Telangana, Odisha and Karnataka, the Union Ministry of Rural Development and some private entities have used her photograph from the website without her consent for their advertisements and hoardings, she claimed.

The woman further said such illegal use of her photograph by the government was a breach of her fundamental rights.

She sought a direction to the respondents to be permanently restrained from using her photograph on their websites, social media platforms, advertisements and promotions.