Court restrains unauthorized exploitation of actor's persona through AI and other technologies
The Delhi High Court has issued a significant ex-parte ad-interim injunction in favor of actor and businessman Vivek Anand Oberoi, safeguarding his personality and publicity rights against unauthorized exploitation through advanced technologies such as Artificial Intelligence, Machine Learning, and Deepfakes. The decision was pronounced by Justice Tushar Rao Gedela in the case titled "Vivek Anand Oberoi v. Collector Bazar & Ors."
The plaintiff, Vivek Anand Oberoi, sought protection against the unauthorized use and misappropriation of his distinct personality attributes, including his name, image, likeness, voice, and signature, which are uniquely associated with him. Oberoi, a renowned actor with a career spanning over two decades, highlighted the misuse of his persona by various defendants without consent, aiming for personal gain and popularity.
Justice Gedela recognized the plaintiff's established career and his goodwill in both the entertainment industry and the business world. The court acknowledged Oberoi's contributions as an actor and entrepreneur, along with his philanthropic efforts, such as his role as a global brand ambassador for Ekal Vidyalaya and his anti-tobacco advocacy with the World Health Organization.
The court issued several directions to prevent further violations of Oberoi's personality/publicity rights. These include restraining the defendants and any other parties from using or exploiting Oberoi’s persona for commercial or personal gain through technologies like AI and deepfakes. The court ordered the removal of infringing links and websites within prescribed timelines and mandated the defendants to provide login details related to the infringing content.
This judgment underscores the growing challenges posed by modern technologies in protecting individual privacy and personality rights. It highlights the court’s proactive stance in addressing unauthorized digital impersonation and exploitation, thereby setting a precedent for similar cases involving personality rights in the digital age.
Bottom Line:
Plaintiff's personality/publicity rights protected against unauthorized exploitation through AI and other technologies. Ex-parte ad-interim injunction granted to prevent dilution and misappropriation of plaintiff's persona.
Statutory provision(s):
- Civil Procedure Code, 1908 Order XXXIX Rules 1 & 2
- Article 21 of the Constitution of India
- Section 80(2) of CPC
- Section 151 of CPC
- Section 12A of the Commercial Courts Act, 2015
- Bhartiya Sakshya Adhiniyam, 2023 Section 63(4)(c)
The case will be next heard on August 5, 2026, with further proceedings anticipated to address comprehensive measures against digital exploitation and the protection of personality rights in India.
Vivek Anand Oberoi v. Collector Bazar, (Delhi) : Law Finder Doc id # 2850339
