Renowned South African gospel singer Rebecca Malope is taking Procter & Gamble (P&G) to court, demanding R1 million in damages for allegedly using her image without permission. According to reports, P&G used Malope’s image in an advert for one of their brands, Pantene, without obtaining her consent. The advert featured a picture of Malope with a caption that suggested she endorsed the product.
Malope’s lawyers argue that P&G’s actions were unlawful and constituted an infringement of her personality rights. They claim that the company did not approach Malope or her representatives to request permission to use her image, and that she was not compensated for the use of her likeness. The lawyers also argue that P&G’s actions were reckless and negligent, and that the company should have known that using Malope’s image without permission would be a violation of her rights.
The court papers filed by Malope’s lawyers state that the use of her image by P&G has caused her harm and damage, including financial loss and emotional distress. Malope is seeking an order that P&G be interdicted from further using her image, as well as an award of R1 million in damages. The R1 million demand includes compensation for the unauthorized use of her image, as well as punitive damages for P&G’s alleged reckless and negligent behavior.
This case highlights the importance of obtaining permission before using someone’s image, especially for commercial purposes. It also raises questions about the measures that companies should take to ensure that they are respecting the rights of individuals, particularly celebrities and public figures. Malope’s lawyer stated that they will vigorously pursue the matter and hold P&G accountable for their actions.
The case is set to be heard in court, and it will be interesting to see how the judge rules on the matter. If Malope is successful, it could set a precedent for other cases involving the unauthorized use of images. The outcome of this case will also serve as a warning to companies to ensure that they obtain the necessary permissions before using someone’s image, and to respect the rights of individuals, especially celebrities and public figures. Ultimately, the case of Rebecca Malope versus P&G serves as a reminder of the importance of respecting individuals’ rights and obtaining permission before using their image for commercial purposes.