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.