Court orders removal of unauthorized AI-manipulated content exploiting celebrity's image and likeness, citing privacy and copyright violations.
The Bombay High Court has delivered a significant ruling in favor of actress and public figure Shilpa Shetty Kundra, addressing the unauthorized use and manipulation of her image and likeness through AI-generated deepfakes. Presiding Judge Sharmila U. Deshmukh directed digital platforms and intermediaries to delete URLs that exploit the plaintiff's personality rights, emphasizing the protection of such rights under the Copyright Act, 1957, and the right to privacy under Article 21 of the Indian Constitution.
The case arose when Shilpa Shetty Kundra sought an injunction against various defendants, including digital platforms and commercial entities, for misappropriating her name, image, and persona without consent. The court acknowledged the plaintiff's status as a renowned celebrity and the importance of safeguarding her personality rights from commercial exploitation and defamation.
The judgment highlighted the unauthorized use of AI to create obscene and defamatory content, leading to a violation of Shetty's dignity and privacy. The court ordered the removal of infringing content within eight days of notification by the plaintiff, while also allowing intermediaries to object to content removal through appropriate legal channels.
Judge Deshmukh noted that the deepfake content, which depicted the plaintiff in a derogatory manner, constituted a serious infringement of her rights. The order extends to commercial entities that have used Shetty's image without authorization, causing reputational damage and misrepresentation.
The court refrained from granting a blanket injunction against intermediaries but mandated the deletion of content upon notification. It also ordered defendants to disclose details of entities marketing infringing products and remove unauthorized news articles uploaded by the general public, which were deemed defamatory.
This landmark decision reinforces the legal framework protecting personality rights and privacy against the burgeoning challenges posed by AI-generated content, setting a precedent for similar cases in the future.
Bottom Line:
Protection of personality rights under Copyright Act, 1957 and Article 21 of the Constitution of India against unauthorized use, manipulation, and exploitation by artificial intelligence-generated deepfakes and other infringing content.
Statutory provision(s): Copyright Act, 1957 Sections 2(qq), 38B, Article 21 of the Constitution of India
Shilpa Shetty Kundra v. Getoutlive.in, (Bombay) : Law Finder Doc id # 2866975
