Interim injunction granted to restrain unauthorized exploitation of Shashi Tharoor's persona, directing platforms to remove infringing content
In a landmark judgment, the Delhi High Court has upheld the personality rights of Shashi Tharoor, a prominent public figure, by granting an interim injunction against the creation and dissemination of deepfakes and unauthorized content that exploit his persona. The Court recognized the exclusive control Tharoor has over his personality, which includes his name, image, voice, and mannerisms, and restrained defendants from using these attributes without his consent.
The case, presided over by Justice Mini Pushkarna, stemmed from allegations by Tharoor that unknown infringers had launched a malicious campaign using artificial intelligence to generate hyper-realistic deepfakes. These fabricated videos falsely depicted Tharoor making politically sensitive statements, causing significant harm to his reputation and mental anguish.
Tharoor, represented by Senior Advocate Amit Sibal, emphasized his distinguished career and the goodwill he has earned in public service, literature, diplomacy, and public discourse. The Court acknowledged Tharoor’s personality rights under Articles 19 and 21 of the Constitution of India, which protect against unauthorized exploitation of his persona.
The Delhi High Court ordered platforms such as X (formerly Twitter) and Meta (Instagram and WhatsApp) to remove the identified infringing content and provide details of the uploaders within three weeks. The Court highlighted that the unauthorized cloning and exploitation of Tharoor's likeness, voice, and mannerisms amounted to identity theft, forgery, and violation of privacy, as per Section 66C of the Information Technology Act, 2000, and Sections 335 and 340 of the Bharatiya Nyaya Sanhita, 2023.
Justice Pushkarna's decision reinforces the legal framework surrounding personality rights in India, emphasizing the need to protect public figures from the unauthorized use of their persona for commercial, political, or malicious purposes. The judgment is a significant step in addressing the challenges posed by deepfake technology and safeguarding individual privacy rights.
The case is set to be further deliberated on October 13, 2026, where the Court will review compliance with its orders and assess the ongoing situation regarding the infringing content.
Bottom Line:
Personality rights and publicity rights are protectable under Articles 19 and 21 of the Constitution of India. Unauthorized exploitation or misappropriation of any facet of a public figure's persona, such as name, image, voice, or mannerisms, is liable to be restrained.
Statutory provision(s): Articles 19 and 21 of the Constitution of India, Section 66C of the Information Technology Act, 2000, Sections 335 and 340 of the Bharatiya Nyaya Sanhita, 2023, Order XXXIX Rule 3 of the Civil Procedure Code, 1908
Shashi Tharoor v. Ashok Kumar, (Delhi) : Law Finder Doc id # 2894985
