Delhi High Court Grants Injunction in Ajay Devgn's Personality Rights Case

Court Orders Removal of Infringing AI-Generated Deepfake Content; Social Media Platforms Directed to Comply

In a landmark ruling, the Delhi High Court has granted an injunction in favor of Bollywood actor Ajay Devgn, effectively restraining multiple defendants from exploiting his personality rights without authorization. Justice Manmeet Pritam Singh Arora, presiding over the case, recognized the unauthorized use of Devgn's name, image, voice, and likeness as a violation of his personality rights, particularly through AI-generated content and deepfakes.

The case, titled "Ajay Alias Vishal Veeru Devgan v. Artists Planet," highlighted the challenges posed by modern technology, such as AI and deepfakes, in protecting celebrity rights. The court identified several defendants, including social media platforms and unknown entities, involved in the unauthorized creation and distribution of content that misappropriated Devgn's persona.

The judgment emphasized the need for social media intermediaries to act upon complaints under the IT Intermediary Rules, 2021, underscoring their responsibility in curbing the spread of infringing content. The court directed the defendants to take down such content from their platforms, ensuring the protection of Devgn's reputation and dignity.

The court's decision also addressed the use of Devgn's name and likeness in merchandise and marketing without his consent, constituting passing off and trademark infringement. Furthermore, the judgment acknowledged the reputational harm caused by AI-generated content portraying Devgn in a defamatory manner.

Justice Arora's order mandates compliance affidavits from the defendants and urges social media platforms to provide Basic Subscriber Information (BSI) of infringing entities. This ruling reinforces the legal framework protecting personality rights against unauthorized commercial exploitation and sets a precedent for similar cases in the future.

Bottom Line:

Intellectual Property and Personality Rights - Plaintiff entitled to protection against unauthorized exploitation of personality rights, including name, image, voice, and likeness. Misuse through AI-generated content, deepfakes, and other mediums violates these rights and causes reputational harm. Court grants injunction and directs compliance from Defendants.

Statutory provision(s): Code of Civil Procedure, 1908; IT Intermediary Rules, 2021; Copyright Act, 1957; Trade Marks Act, 1999; Articles 19 and 21 of the Constitution of India; Bharatiya Sakshya Adhiniyam, 2023; Commercial Courts Act, 2015

Ajay Alias Vishal Veeru Devgan v. Artists Planet, (Delhi) : Law Finder Doc Id # 2815886