The notice was delivered on Sunday and named Maxposure Corporate Media, FHM chieft editor Kabeer Sharma and photographer Vishal Saxena as respondents. It outlined Malik’s narrative of events surrounding the photo shoot for FHM, including the claim that “our client was assured that no nude photograph in any manner would be shot by you.”
The notice reiterated that Malik’s photos had been morphed, stating that Malik had agreed to be shot in shorts and tee shirt and boots; wearing a fur coat up to thighs and boots; hot pants and a broad big belt with the upper portion of her body covered with her hands and an ISI tattoo on her hand; an image with a tattoo of “ISI” appearing on one hand, in which Malik would wear a bikini and/or a thong posing with folded hands with the upper portion of her body covered with other tattoos.
Claiming irreparable harm, loss and damage, the notice said the respondents had committed offences punishable under the Indian Penal Code as well as Information and Technology Act, 2000. The notice called on FHM to ensure the magazine issue would not go into print, remove the tampered photos from the FHM website and pay millions in damages.
Full text of the notice below.
By Hand Delivery/Courier/Fax/Email
4th December, 2011
To
1. Maxposure Corporate Media (India) Private Limited,
TV Industrial Estate Basement,
B/22, A.K. Ahire Marg,
Worli, Mumbai 400 018
and its registered office at
Le-Meridien Hotel,
Old Business Centre, 2nd Floor,
Windsor Place, Janpath,
New Delhi 110 001
2. Mr. Kabeer Sharma,
Chief Editor,
FHM Magazine,
TV Industrial Estate Basement,
B/22, A.K. Ahire Marg,
Worli, Mumbai 400 018
3. Vishal Saxena,
A Wing, Ground Floor,
Green Park, Leela Apartment,
Yari Road, Andheri (West),
Mumbai
Dear Sirs,
Under instructions from our client Ms. Zahida alias Veena Malik, residing at Kalpak Corner, Station Road, Bandra (West), Mumbai 400 050, we have to address to each of you this notice as under:-
1. You are aware that our client is a well known model cum film actress, realty TV star and social worker. Our client is associated with the World Health Organization and is known for her social work and is a well known film personality both in Pakistan, India and all over the world. Our client hails from Pakistan and has come to India for her professional assignment in the entertainment and fashion industry.
2. You are aware that in the first week of November, 2011, you Vishal Saxena approached our client and informed her of a photo shoot only and an interview which would be published in the FHM Magazine to be published in December, 2011. In the past also, our client had a photo and video shoot with you Vishal Saxena in the month of October 2011 and which was published in the Zoom T.V. As our client had already established a working professional relationship with you Vishal Saxena, she agreed to appear for photo shoot as well as give her interview for the FHM magazine. Shortly after being contacted by you Vishal Saxena, our client was then contacted by you Kabeer Sharma chief editor of magazine FHM. In the course of discussions, an idea was mooted by you Kabeer Sharma that our client should wear a tattoo on her hand with the letters “ISI”. On enquiring, our client was made to understand that it would be good for her image and that of ISI which Institutes / Agencies are available in India and the world including Pakistan and that there will be no repercussion and/or ill effect if our client wears the said tattoo. To our client’s knowledge, there are about 56 Institutes with the abbreviation of “ISI” al over the world.
3. You Kabeer Sharma also informed our client that after the photo shoot, he would contact our client for a short interview which he wanted to publish in the forthcoming issue of the magazine FHM.
4. You, Vishal Saxena informed our client that there would be 4 photo images used in the said magazine. The details of the 4 photo images are as follows:-
(a) An image of our client wearing a shorts and tee shirt and boots;
(b) An image of our client wearing fur coat upto thighs and boots;
(c) An image with hot pants and broad big belt and that the upper portion of her body would be covered with her hands and an ISI tattoo on her hand;
(d) An image with a tattoo of “ISI” appearing on one hand. Our client would wear a bikini and / or a thong in the image and that she would pose with folded hands and her upper portion of her body would be covered with other tattoos.
Our client was assured that no nude photograph in any manner would be shot by you.
5. Our client had categorically informed each of you that by doing photo shoot, she does not want to pose nude in any photographs, which you readily agreed. You further assured our client that upon taking photographs, you would show the same to our client and that only on our client’s approval, would you publish the said photographs in the said magazine.
6. On 23rd November, 2011, a photo shoot was arranged by you Vishal Saxena and the team of Kabeer Sharma at Bungalow No. 96, Aram Nagar, Yari Road, Versova, Andheri (West), Mumbai. The photo shoot went on from the afternoon session till 8.00 p.m. After the completion of the photo shoot, our client was shown the 4 images with the clothes, as stated in paragraph (4) above. The photo image where she has posed with her tattoo on her hand was taken with bikini and/ or thong which was worn by our client and also with hot pants and broad belt as stated above. The size of the photograph was only upto her thighs and our client was shown with folded hands with clothes on, as stated in paragraph 4 above.
7. It is a common ground and an admitted position that our client has not for any of the images posed nude and / or nude. For all the images and photographs which were shot, our client had clothes on, as stated in paragraph 4 above. Our client, therefore, states that the photographs which are being circulated and published in the FHM magazine December 2011 and Internet site of FHM magazine have been deliberately tampered with and / or morphed with a view to cause wrongful gain to you and cause wrongful loss to our client. Morphing is a special effect that changes one image to another through a seamless transition. You have utilized the method and / or tampered with the photographs to cause loss and damage to our client’s reputation.
8. After 2 or 3 days, you Kabeer Sharma contacted our client on phone and took her interview. Our client was informed that the photographs shown to her on 23rd November, 2011 and her interview would be published in the forthcoming issue of FHM magazine in December 2011.
9. After our client gave her interview to you Kabeer Sharma, our client was chased by you Vishal Saxena and Kabeer Sharma to give some sort of written confirmation that our client consents to the photo images being published in the forthcoming issue of FHM magazine. Our client made enquiry with each of you to send the 4 photo images to our client for perusal so that our client can confirm the same. Each of you informed our client that the photo images our client had seen on the night of 23rd November, 2011, are the very same photo images which are to be published. Relying solely on your representation and assurance and without verifying the photos once again, our client sent an email on 30th November, 2011 confirming that she was happy with the pictures shot on 23rd November, 2011 and that they could be published. It is material to note that at that point of time, the photo images were not sent to our client for her perusal and / or verificaiton, but it was only on your verbal assurance & representation that the photo images sent to her were the same photographs which she has seen on 23rd November, 2011, that an email was sent. Our client reiterates that in photo shots on 23rdNovember, 2011, there was no nude photographs taken nor was there any of video shots taken of any nude images of our client. Our client states that if any alleged video is shown or published with her nude pictures or frames, the same is also tampered with by you and /or morphed, for which, our client will take suitable action against each of you. In fact our client’s contract was only for a photo shoot and not a video shoot. On the day of the shoot as you started taking video shots, our client reminded you of the arrangement and called upon you to stop the video shoot which you did. The video was taken only till images (a) and (b) were photographs as set out in paragraph (4) above.
10. On 2nd December, 2011, our client came to learn that you have posed naked photographs of our client on the internet site of FHM magazine. You have also circulated and sold the magazine to the public showing the nude photograph. Our client was shocked, astonished and embarrassed to see the said photograph which is published all over the world. It is pertinent to note that there was no written agreement signed by our client and furnished to you as per the Model Release Form which is a contract with your Company. Immediately on coming to learn, our client contacted you Vishal Saxena and Kabeer Sharma. You Vishal Saxena have since then been avoiding our client and our client repeated calls to you have not been replied nor answered. You Kabeer Sharma has also avoided confrontation with our client and have merely sent an SMS to our client indicating that you propose to have a press conference and sort out the issue with our client. You have failed to do so.
11. Our client states that each of you have materially misrepresented to our client and have deceived our client and induced our client to take a photo shoot. You have further intentionally induced our client to take photographs with clothes on and have subsequently tampered with and / or morphed the photographs with a deliberate intent to cheat our client. Your act has caused damage and harm to our client’s reputation in the profession in India as well as in her country of birth and the world. By your said act of publishing the said photo images which shows our client naked, our client states that you have caused irreparable harm, loss, damage to the reputation of our client and committed offence of defaming our client in the public. Our client states that you have thus committed offences punishable under the Indian Penal Code as well as Information and Technology Act, 2000.
12. In the circumstances, we are instructed by our client to call upon and require each of you which we hereby do to forthwith (a) cease and desist from continuing with the publication and circulation of our client’s nude photo images in the issue of your magazine FHM December 2011; (b) withdraw the circulation of our client’s nude photograph from your internet site and/or withdraw the circulation of physical copies of the publication of your forthcoming issue FHM, December, 2011 from the market; and (c) to pay to our client a sum of Rs.10,00,00,000/- (Rupees Ten Crores only) as and by way of monetary damages caused to our client by your illegal act, within a period of 24 hours from the receipt hereof by each of you, failing which, we have peremptory instructions to adopt both civil and criminal proceedings against each of you at your entire risk, as to all costs and consequences, of which please take note of.
13. Please treat this as “final intimation”.
Yours faithfully,
For M/s. Bilawala & Co.
(Partner)
REGARDS
AYAZ BILAWALA
ADVOCATE & SOLICITOR
KARIM CHAMBERS,
42,AMBALAL DOSHI MARG,
FORT ,MUUMBAI 400023
The Indian magazine that Pakistani actress Veena Malik had accused of morphing her pictures for a nude photo shoot has sent her a legal reply threatening to sue her for 250 million rupees.
