Veena Malik has accused the FHM India Magazine of using a morphed photo of hers for a nude photoshoot and consequently sued it for $1.95 million. Now the magazine has countered Malik’s claim with a claim of $4.8 million.
The Pakistani actress has claimed that FHM has allegedly used her nude morphed photo with ISI tattooed on her left arm on its cover page without her consent. Malik has also filed a police report and a complaint with the cyber crime wing in Mumbai against the magazine editor and photographer.
Malik’s lawyer Ayaz Bilawala said, “Malik felt cheated and duped by FHM magazine which tampered with her photo.”
In their 11-page legal reply to her notice, the magazine said that the photo was genuine and it was Malik who had pursued the magazine for the alleged shoot.
“Your client permitted our clients for her photo as well as video shoots which were carried out by our clients with the consent and authority of your client. It would be pertinent to mention herein that your client pursued FHM magazine via photographer Vishal Saxena in October 2011 for a shoot with FHM magazine. Your client wanted to do a sexy, bold and in-your-face shoot and to express intent for the same she also sent through Saxena pictures of her in Bikinis etc to show that she was in good shape for a shoot for FHM. After pursuing FHM for close to a month, on November 15th your client was sent a set of photographs for references through Vishal Saxena through e-mail and was explained the complete concept of the shoot. After receiving and understanding the concept of the shoot, on 19th November 2011, your client reverted directly to Sh. Kabeer Sharma through an e-mail with title “Love the Idea” saying she “likes the idea and concept very much and was comfortable to shoot” on 23rd November, 2011. Your client clearly expressed her intention that she was willing to do any sort of a shoot if FHM promised her a cover picture as opposed to the inside picture that the shoot was originally being considered for.”
The legal notice also addressed the controversial idea of using the alphabets ISI in the tattoo, saying that Malik took a proactive part in that idea.
“In response to the idea of wearing the tattoo of ISI is concerned, your client was very much eager, excited and willing to wear the tattoo of 4 ISI. It is further stated that your client was not only well aware of the concept; she even proactively took part in the execution of the shot. Your client told to Ms Priyanka Palkar, in presence of Sh. Kabeer Sharma, to make the ‘ISI’ marking on her shoulder “bolder and bigger” so that it could be seen properly.”
The magazine also responded to Malik’s claim that she was not shown the cover photo before it was published by quoting a Nov. 29 email that Malik had sent to the magazine editor.
“Even on November 29, 2011, your client reverted with an email titled “looking fwd to the cover” saying she had “seen” and was “happy with the pictures we shot on 23rd November, 2011 for FHM” and that she was looking forward to the cover.”
The magazine ended its notice claiming damages worth $4.8 million and has also asked the actress to apologize in a press conference.
“We, by virtue of this notice, call upon your client to immediately give an unconditional apology by holding a press conference. It is further stated that in the circumstances our clients are free to initiate legal proceedings including filing a criminal complaint against your client for offences under the Indian Penal Code besides claiming general and special damages to the tune of Rs. 25,00,00,000/- (Rupees Twenty Five Crores only).”