BY SAM ALFAN .
Entrepreneur and social media influencer Mitchelle Ntalami has sued South African Pay TV firm M-Net and an actor in one of its streaming shows for defamation.
While seeking undisclosed amount for defamation over series Real Housewives of Nairobi, which is aired on Showmax, Ntalami accuses actor Minne Njuguna making false and malicious words against her and which was broadcast in the series repeatedly.
The actor adds that The Real Housewives of Nairobi launched and aired in 2023 on the 3rd Electronic Media’s platform on 23rd February 2023 with her featuring in it, and with no official contract or consent for her identity, image, and audio- visual recordings to be used.
Ntalami who is founder of Marini.Naturals says in court documents that she did not give any consent to any videotape, audiotape, film, portray, photograph or otherwise record her likeness, her image or voice or her trade in connection with the Series or any commercials in connection with the popular TV series.
“I was featured in Episodes 1 and 2 and a Reunion episode. These episodes featuring the Plaintiff are still available on Showmax and was also featured in commercials, advertisements, and on various social media pages (Facebook, Instagram, X (Twitter), TikTok) of Electronic Media Network Proprietary ltd and D&R Studios ltd,” she says.
Ntalami wants the court to issue mandatory injunction directed to Minne and M-Net to permanently remove from circulation, delete and expunge all images, audio visual and any other content or reference to her on all her social media platforms.
She further seeks a mandatory injunction directed to Young Rich Television ltd, Electronic Media Network Proprietary ltd (M-Net), and D&R Studios ltd to permanently remove from circulation, delete and expunge all images, audio visual and any other content or reference to her as captured on Episode 1 and 2 and The Reunion of The Real Housewives of Nairobi on all their television networks, online networks and social media platforms.
She is also demanding for an unconditional apology and admission of liability for defamation and cyber-bullying from Minne.
“A mandatory injunction directed to the 15, 2nd, 3rd and 4th Defendants, to have expunged from circulation or distribution in their entirety on any t- shirts, social media platforms, television and radio shows, and commercial memorabilia and merchandise the false and malicious words “I write cheques; you write Instagram captions or any variations of it,” she said in court documents through lawyer Kethi Kilonzo.
She says the malicious words against her character were made on 23 February, 24th February, 27th February and 2nd March 2023, on each of the dates, and repeated afterwards by Minne and third parties from her.
The award-winning entrepreneur wants an inquiry and or award of general damages for the commercial exploitation by producers of the programme.
“An inquiry and or award of general damages for the commercial profits and exploitation by Minne of the Plaintiff’s name, reputation, social media influence and brand, in connection with printing of commercial merchandize, without limitation to t-shirts, mugs and memorabilia, with the words “we write cheque; she writes captions” and an inquiry and or award of general damages for the commercial profits and exploitation by Minne on Ntalami’s name, reputation, social media influence and brand, with a view to and in connection with her exponential increase of social media following and influence relying on and leveraging from the false and malicious words of and concerning the Plaintiff,” says actor Ntalami.
She is also seeking general damages from Minne and the three companies for breach of her right to privacy and data protection.
Ntalami says she was invited by Susan Kaittany on 8th November 2022, as her guest for dinner and launch of her ‘Sip & Scent’ event at the Tribe Hotel.
She said there was a filming crew at the event and when she asked the crew members about her Actor’s Agreement or Consent Form or Image Rights Release Agreement, she was informed that someone else was responsible for the docket.
“At the end of the event, the Plaintiff was not given an Actor’s agreement/consent form or any contract for the photos, videos and or audio recordings taken of her by the 2nd or 4th Defendants, and she was made to believe that during post-production someone would reach out to her with the Agreement,” Ntalami says.
Ntalami further states after the launch of the Real Housewives of Nairobi Ntalami inquired from Susan Kaittany, a cast member, whether she was offered any actor’s contract, image rights release or consent agreement, and if she got any compensation for the same.
Kaittany allegedly informed her that she entered into such an agreement and was compensated for all her appearances, including the Reunion Episode.
She further adds that the three companies held and exercised sole control of all publicity in connection with the Real Housewives of Nairobi and as soon as the show was launched, Minne began cyber-bullying and uttering false and malicious words of and concerning her.
Lawyer Kethi told the court Minne attacked Ntalami’s personality, her character, her good social-standing, her business, her personal and social brand and her business, Marini Naturals.
