Court Directs Immediate Action Against Platforms Hosting Unauthorized Images Violating Actress's Personality Rights
In a significant ruling on December 26, 2025, the Bombay High Court addressed the unauthorized use of AI-generated deepfake content involving prominent Bollywood actress Shilpa Shetty Kundra. The court granted interim relief to the actress by ordering the removal of all infringing URLs and content from various digital platforms, including those managed by respondents and the Ministry of Electronics and Information Technology (MeitY) along with the Department of Telecommunications (DoT).
Presided over by Justice Advait M. Sethna, the court emphasized the protection of personality rights, privacy, and dignity, particularly in cases involving misuse of technology and artificial intelligence to tarnish reputations. The court's decision came in response to an interim application filed by Shilpa Shetty Kundra, who reported the unauthorized use and dissemination of her images to create explicit deepfake content, causing severe damage to her reputation and personal dignity.
The court acknowledged the grave violation of privacy under Article 21 of the Indian Constitution, underscoring the need to prevent such misuse of AI technology. The judgment highlighted the ethical concerns and potential legal violations arising from such acts, stressing that AI should be used to enhance the efficiency of legal processes rather than infringe on individual rights.
The order directed all defendants to promptly remove the infringing content and instructed MeitY and DoT to take down unlawful links. Justice Sethna noted the need to protect individuals, especially women, against privacy violations in the digital age, reinforcing the notion that a person's digital identity should not be reconstructed without consent.
The court's decision serves as a crucial step toward safeguarding individual rights in an era where digital malignment and AI-generated content pose significant challenges. The matter is set for further adjudication to explore the nuances of personality rights under the Copyright Act, while the interim relief ensures immediate action to mitigate the harm caused to the actress.
Bottom Line:
Protection of personality rights, privacy, and dignity of individuals against unauthorized use of images and AI-generated deepfake content on digital platforms.
Statutory provision(s): Article 21 of the Constitution of India, Copyright Act, 1957, Section 19 of the Code of Civil Procedure, 1908.
Shilpa Shetty Kundra v. Getoutlive.in, (Bombay) : Law Finder Doc Id # 2828960