The Delhi High Court on Friday issued a significant order regarding the film 'Doosra,' observing that the project prima facie violates the personality and publicity rights of former Indian cricket captain Sourav Ganguly. While the court did not grant the request to halt the film's theatrical release, it imposed strict financial and procedural conditions on the production house, Ramesh Deo Productions Private Limited, to address the unauthorised use of the cricketer's identity.
Justice Tejas Karia, presiding over the matter, noted that elements concerning Mr. Ganguly's career and persona were so deeply integrated into the film’s narrative that excising those specific portions would be impractical. Consequently, the court ordered the producers to furnish an unconditional bank guarantee of Rs 2 crore with the registrar within a period of two weeks. This measure serves as a protective safeguard amid the ongoing legal dispute.
In addition to the financial guarantee, the court mandated that the makers must display clear disclaimers in both Hindi and English at the commencement and conclusion of the film. These disclaimers are to be implemented within two days of the order and must explicitly state that Sourav Ganguly did not grant consent for his persona to be used in the film, and that the project was not intended to infringe upon his established personality or publicity rights. The court warned that failure to adhere to these directives could result in a restraint on the commercial exhibition of the movie.
The legal challenge was initiated through a plea filed by Sourav Ganguly alongside Luv Films LLP. The petitioners sought to block the theatrical and digital release of 'Doosra' and its promotional materials, alleging the unauthorised commercial exploitation of the former captain’s name, likeness, and iconic career highlights. Central to the dispute were references to the 2002 NatWest series final at Lord’s, specifically the imagery of Mr. Ganguly’s well-known shirtless celebration on the balcony.
The petitioners argued that these references in the film and its promotional campaign could lead audiences to incorrectly assume that Mr. Ganguly was associated with, or had endorsed, the project. They highlighted an interview from October 13, in which director Abhinay Deo acknowledged that milestones from Mr. Ganguly's career served as an inspiration for the film’s fictional protagonist, Tara.
Beyond the concerns regarding personality rights, the suit also touched upon a separate contractual disagreement. According to the petition, Mr. Ganguly signed an agreement with Luv Films on August 5, 2021, granting the production house exclusive rights to develop and commercially exploit biographical content based on his life and professional career. Luv Films noted that it has invested significantly in an authorised biopic titled 'Dada – The Sourav Ganguly Story,' which is slated for release on May 14, 2027.
The court’s decision allows 'Doosra' to proceed with its commercial exhibition, provided the production house complies with the court-ordered conditions. The outcome underscores the legal weight accorded to personality and publicity rights in the context of biographical or inspiration-based cinematic works, particularly where such depictions intersect with existing commercial agreements for authorised biographical projects.
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