Michelle Ntalami has taken legal action against the South African-based TV channel, M-Net, alleging the unauthorized use of her images in a reality TV show. The lawsuit, filed at the High Court in Nairobi, aims to secure compensation for purported defamation and the unapproved use of her voice and likeness.
In the legal action, Ntalami has named Minne Kariuki Njuguna, also known as Minne Cayy, Young Rich Television Limited, Electronic Media Network Proprietary Limited (M-NET), and D&R Studios Limited as the defendants.
Ntalami asserts that on November 8, 2022, she received an invitation from Susan Kaittany to attend the dinner and launch of the 'Sip & Scent' event at the Tribe Hotel as her guest. However, during the event, she observed the presence of a filming crew.
Did you read this?
Following her inquiry with a crew member from Young Rich Television Limited and D&R Studios Limited, Ntalami requested details regarding her actor's agreement, consent form, or image rights release agreement, yet no such documentation was provided. She was informed that another individual held responsibility for that particular aspect.
Post the event, Ntalami maintains that she did not receive any actor's agreement, consent form, or contractual documentation pertaining to the photos, videos, and audio recordings taken by the crews of Young Rich Television Limited and D&R Studios Limited.
Ntalami asserts that she was under the impression that an agreement would be presented to her during the post-production phase.
She stresses that she never granted consent for the recording of her likeness, image, voice, or brand in any medium, be it videotapes, audiotapes, films, portrayals, photographs, or any other recordings associated with the Real Housewives of Nairobi show.
Ntalami made appearances in Episodes 1 and 2 as well as a Reunion episode.
Additionally, she affirmed that her presence extended to commercials, advertisements, and various social media platforms linked with M-NET and D&R Studios Limited.
After the series launch, Ntalami purportedly approached Kaittany to inquire if she had received an actor's contract, image rights release, or consent agreement. She also sought clarification on whether Kaittany had received any form of compensation.
Ntalami claims that Kaittany affirmed that she had an agreement and was duly compensated for all her appearances, including the Reunion Episode.
Simultaneously, the founder of Marini Naturals is pursuing a defamation suit against Minne Cayy. She contends that following the show's launch, the actress engaged in cyberbullying and spread false and malicious statements about her.
She asserts that these damaging comments were not only voiced by Minne on the show but were also broadcasted on television and radio, and circulated across various social media platforms.
Ntalami asserts that these malicious statements were intentionally designed to tarnish her reputation, particularly within her business venture, Marini Naturals. She asserts that she has incurred damages due to these defamatory remarks and is seeking rightful compensation.
Furthermore, Ntalami alleges that Minne harbored intentions to leverage her social influence and standing for personal commercial advantage. This was reportedly substantiated by Minne's plan to create and wear a t-shirt bearing the defamatory words.
Ntalami is seeking general damages for the unauthorized commercial exploitation of her personal rights without her consent. Additionally, she is pursuing aggravated damages due to the defendant's continued republication of defamatory statements.
On March 22, 2023, the businesswoman issued a formal demand and notice of her intention to sue the defendants. This notice explicitly instructed them to cease and desist from using her name, reputation, brand, images, audio-visual recordings, and any footage related to the show. Despite this formal warning, the defendant continued to reiterate, republish, and replay segments from Episode 1 that prominently featured her.
Subsequently, on September 25, Ntalami and Kaittany collectively penned a letter to the Communications Authority of Kenya, urging an inquiry into M-NET's content.
The two assert that M-NET breached the conditions of its licenses for content distribution in Kenya.
"Through the production and broadcasting of, "The Real Housewives of Nairobi" a television program that they own and broadcast on Showmax and other affiliate platforms owned by themselves, they have permitted and profited from content that is defamatory, obscene, and offensive and have used the same content to promote this program for the purposes of commercial gain and profit," read part of letter signed by Ntalami and Kaitanny and received by CAK on October 2.
