Court Protects Actor's Publicity Rights Against AI and Deepfake Exploitation
In a landmark judgment, the Delhi High Court has granted an interim injunction to Bollywood actor Varun Dhawan, restraining several entities from exploiting his personality and publicity rights without authorization. The decision, delivered by Justice Jyoti Singh on May 29, 2026, addresses the unauthorized commercial use of the actor's name, image, voice, and likeness, particularly through advanced technologies like AI and Deepfakes.
The court was approached by Dhawan, who has an illustrious career in the Hindi film industry, marked by several box office successes and numerous accolades. The actor, through his legal team led by Senior Advocate Sandeep Sethi, argued that his persona has been unlawfully used by various websites and social media platforms, causing significant damage to his reputation and commercial interests.
The judgment emphasized the protection of personality rights, which are integral to an actor's career and livelihood. Justice Singh noted the burgeoning issue of unauthorized use of celebrity images and likenesses in the digital age, exacerbated by technologies that can create realistic fake content. The court recognized the substantial goodwill and reputation Dhawan has cultivated over his career, underscoring the potential harm of unauthorized exploitation.
A key aspect of the judgment is the direction for entities like YouTube, Facebook, and Instagram to remove infringing content within 36 hours of receiving the court order. This includes any AI-generated videos or posts that portray Dhawan in derogatory or inappropriate scenarios. The court also ordered websites offering unauthorized bookings for Dhawan's appearances to cease such activities immediately.
The court's ruling highlights the balance between protecting individual rights and the responsibilities of digital platforms in curbing misuse. The decision is seen as a significant step in reinforcing the legal framework around personality rights, setting a precedent for similar cases involving other public figures.
Bottom Line:
Personality/Publicity Rights - Protection of a renowned actor's personality and publicity rights, including his name, image, voice, likeness, and registered trademarks, from unauthorized commercial exploitation, derogatory portrayal, and misuse through technology like AI and Deepfakes.
Statutory provision(s): Commercial Courts Act, 2015 Section 12-A; Code of Civil Procedure, 1908 Order XXXIX Rules 1 and 2; Bharatiya Sakshya Adhiniyam, 2024 Section 63(4)(c).
Varun Dhawan v. Artist Booking Company, (Delhi) : Law Finder Doc id # 2911805
