Court Orders Removal of Deepfake and Unauthorized Content Exploiting Actor’s Image Across Platforms
In a pivotal ruling, the Delhi High Court has granted an ex-parte ad-interim injunction to renowned Bollywood actor Arjun Kapoor in a case concerning the infringement of his personality and publicity rights. The order, delivered by Justice Tushar Rao Gedela, directs various defendants, including intermediaries like YouTube and Facebook, to remove infringing content that unlawfully exploits Kapoor's persona using cutting-edge technologies such as AI and deepfakes.
The case, titled "Arjun Kapoor v. Artist Booking Company & Ors.," highlights the unauthorized use of Kapoor's name, image, voice, and other personal attributes to create and disseminate content without his consent. The court recognized a prima facie case for the protection of Kapoor's personality rights, emphasizing that such rights are protectable under law and that their unauthorized exploitation constitutes a violation.
The judgment underscores the misuse of artificial intelligence technologies, which have been employed to generate sexually explicit and misleading content involving Kapoor. Justice Gedela noted the grave violation of Kapoor's rights and directed immediate takedown of such content, acknowledging the potential irreparable harm to the actor's reputation and goodwill.
The court's order also mandates intermediaries like YouTube and Facebook to disclose basic subscriber information of accounts involved in these activities, facilitating further legal action against the infringers. Moreover, additional infringing content discovered by Kapoor is to be promptly addressed by the platforms.
The decision marks a significant advancement in the legal landscape concerning personality rights in India, especially in the context of emerging technologies that pose new challenges to privacy and publicity rights. It also sets a precedent for other public figures seeking to protect their image and identity from unauthorized use and exploitation.
Bottom Line:
Personality and publicity rights of an individual are protectable under law, and their unauthorized exploitation by using technology like AI, deepfakes, and face morphing constitutes infringement.
Statutory provision(s): Code of Civil Procedure, 1908 (CPC), Commercial Courts Act, 2015, Bharatiya Sakshya Adhiniyam, 2023, Order XI Rules 1, 3, 5 CPC, Section 151 CPC, Section 12A CC Act, Order XXXIX Rules 1 and 2 CPC, Section 149 CPC, Section 80 CPC, Section 63(4)(c) BSA.
Arjun Kapoor v. Artist Booking Company, (Delhi) : Law Finder Doc id # 2892841
