One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Mr. X discovered that XYZ Web Development Company from City A was using his photograph along with his name and a fabricated testimonial on their website. He had no business relationship with this company whatsoever. The fake testimonial praised their services and made it appear as if Mr. X was a satisfied customer. When Mr. X contacted the company through WhatsApp to request removal of his photo and the false testimonial, they refused and arrogantly told him he could complain wherever he wanted. This unauthorized use not only violated Mr. X’s privacy rights but also potentially damaged his reputation by associating him with services he never used. The company’s defiant attitude made it clear that legal intervention was necessary to protect Mr. X’s image rights and prevent further misuse.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Document all evidence immediately by taking screenshots of the website showing your photo and fake testimonial. Send a legal notice to the company demanding immediate removal and compensation for unauthorized use. File a complaint with the cyber crime cell as this constitutes digital identity theft. Consider approaching the registrar of the website’s domain to report misuse. Register copyright for your photograph if not already done to strengthen your legal position.
Applicable Sections of Law
Under BNS Section 336 for defamation as fake testimonials damage reputation. BNS Section 318 applies for cheating by dishonestly using someone’s identity to gain business advantage. Section 66C of the IT Act covers identity theft in electronic form. BNS Section 316 for criminal breach of trust by misusing personal information. Copyright Act Section 51 for unauthorized reproduction of copyrighted photograph. BNSS provisions allow for filing complaints and seeking interim relief to prevent continued misuse of identity and image rights.
If You Are the Complainant
- File FIR immediately with cyber crime cell providing complete website details and screenshots
- Send legal notice through advocate demanding removal within 7 days and compensation
- Document complete evidence including website cache, WhatsApp conversations, and company details
- File civil suit for damages and permanent injunction against unauthorized use
- Report to domain registrar and hosting company for policy violations
If You Are the Victim
- Preserve all evidence through screenshots, archived pages, and documented communications
- Issue public clarification on social media platforms distancing yourself from the company
- Contact your professional networks to inform them about the unauthorized association
- Monitor other websites to check if your image is being misused elsewhere
- Seek psychiatric evaluation if mental harassment occurred due to identity misuse
How the Police Behave in Such Cases
Police typically treat these cases seriously under cyber crime jurisdiction. They usually request complete evidence including screenshots, company details, and communication records. Investigation involves technical analysis of website ownership, hosting details, and tracing digital footprints. Police may issue notices to website owners demanding explanation and compliance. They coordinate with cyber experts to establish prima facie case for identity theft and unauthorized commercial use of personal photographs and information.
FAQs People Normally Have
Can I get monetary compensation? Yes, you can claim damages for unauthorized commercial use of your image and reputation harm through civil proceedings.
Will the company be criminally prosecuted? Criminal cases can be filed under BNS and IT Act for identity theft and defamation.
How quickly can the photo be removed? With legal notice and court intervention, removal can be achieved within 2-4 weeks depending on company compliance.
What if the company is based in another state? You can file complaints in your local jurisdiction where the offense is experienced or where the website is accessible.
What Evidence Is Required?
- Screenshots of website showing unauthorized photo and fake testimonial with timestamp
- Original photograph proving ownership and copyright
- WhatsApp conversation records showing company’s refusal to remove content
- Website registration details and company information
- Witness statements confirming you never used their services
- Digital forensic report establishing unauthorized usage timeline
- Bank statements proving no financial transactions with the company
How Long Will the Investigation Take?
Cyber crime investigations typically take 3-6 months for complete resolution. Initial response and website analysis occur within 2-3 weeks. Court proceedings for injunction can provide immediate relief within 1-2 weeks. Criminal prosecution may extend 6-12 months depending on evidence complexity. Civil damages claims usually resolve within 6-8 months through settlement or court decree. Quick resolution possible with strong evidence and legal representation.
Advocate Sudhir Rao, Supreme Court of India