The Bombay High Court on Friday granted actor Suniel Shetty urgent interim protection against the misuse of his persona through AI-generated deepfakes, false endorsements, and counterfeit merchandise.
What's Happening
- The court observed that such actions violate his fundamental rights to privacy and dignity.
- Justice Arif S Doctor, while hearing Suniel Shetty vs Ashok Kumar, noted that the material presented, including obscene AI-generated images of Shetty and his family, "could at best be described as a lethal combination of a depraved mind and the misuse of technology," adding that such acts could seriously harm Shetty's personality rights.
- The court agreed that the infringing material not only damaged Shetty's reputation but also had the potential to mislead the public.
- "The unauthorised creation/ uploading of deepfake images of the Plaintiff on social media platforms constitutes a grave infringement not only of his personality rights but also of his right to live with dignity. Equally, the unauthorised use of AI-generated images of the Plaintiff and his family members constitutes a blatant invasion of their privacy and their fundamental rights," Justice Doctor observed.
- He further noted that these actions created "a false sense of endorsement or affiliation" with Shetty, misleading the public and amounting to "classic passing off, misappropriation of goodwill, and consumer deception."
- The court also granted Shetty's request for a John Doe order, an injunction against unidentified individuals involved in the violation.
- "Given the clandestine and continuing nature of these activities and the ongoing harm, the Plaintiff has correctly impleaded Defendant No. 1, 'John Doe/Ashok Kumar,' to represent the entire class of such unknown persons whose identities cannot be presently ascertained," the court stated.
- The order restrains several defendants from using Shetty's persona in any manner, including through AI-generated content, deepfakes, cloned audio, or merchandise.
- Meta Platforms and X Corp were directed to remove infringing content within a week and provide subscriber details of the uploaders when requested by Shetty.
- The matter is scheduled for further hearing on November 17.
Background
The order came after Suniel Shetty approached the court seeking protection of his personality rights, privacy, and dignity under Article 21 of the Constitution, along with his moral rights under the Copyright Act.
His plea highlighted his career spanning over three decades, more than 100 films, brand endorsements, and a social media following of over 13 million users.
Senior Advocate Dr Birendra Saraf, appearing for Shetty, argued that the actor's name, likeness, image, voice, and mannerisms had become uniquely associated with him and were being misused through deepfakes, unauthorised advertisements, fake social media profiles, and merchandise.
In a related plea, Shetty sought orders to restrain websites and social media pages from using his photographs for commercial purposes without authorisation. He claimed that several pages had used his and his grandchild's images to promote businesses, including a real estate agency and a gambling website, even though he was not associated with them.
Saraf submitted that such unauthorised use of his photos was damaging Shetty's reputation. Justice Doctor heard the submissions briefly and reserved the order on that plea.
A Clutch Of High-Profile Suits In Delhi High Court
The Delhi High Court has seen a spate of petitions from Bollywood's biggest names in recent days. Aishwarya Rai Bachchan first approached the court after her lawyers flagged unauthorised use of her name and photographs on T-shirts, mugs, and posters, as well as manipulated digital content like deepfakes and face morphs.
The court granted her interim relief and prohibited platforms from producing, selling or distributing such items.
Soon after, Abhishek Bachchan also moved court, pointing out that his images, name and persona were being misused online in a way that could harm both his reputation and his commercial interests. The court extended protection to him as well and made it clear that such unauthorised exploitation was not permissible.
Most recently, filmmaker Karan Johar filed a similar plea, stating that his identity and goodwill, built over years in the entertainment industry, were being diluted by the unauthorised use of his name, images and attributes. The court observed that these elements were closely tied to his professional associations and deserved protection.
Also Read: What Are Personality Rights And Why Is Bollywood Going To Court Over Them? A Lawyer Explains