Court Restrains Unauthorized Use of Cricketer’s Persona by Digital Platforms and Sellers, Orders Immediate Takedown of Infringing Content
In a significant judgment, the Delhi High Court has upheld the personality rights of renowned cricketer Gautam Gambhir, issuing a broad injunction against the unauthorized exploitation of his name, image, and likeness by various digital platforms and sellers. The decision, delivered by Justice Jyoti Singh, comes in response to a suit filed by Gambhir against numerous defendants, including unidentified individuals and major digital platforms such as Amazon, Flipkart, Instagram, and YouTube, for unauthorized use of his persona.
Gambhir, a former Indian international cricketer and current Head Coach of the Indian Men's National Cricket Team, alleged that his personality rights were being infringed upon through the use of AI-generated content, deepfakes, and other digital manipulations. The court's order restrains the defendants from using Gambhir’s name, image, voice, or likeness for any commercial or personal gain without his consent.
The court directed Amazon and Flipkart to remove URLs selling merchandise exploiting Gambhir’s persona and ordered Meta Platforms (Instagram) and Google (YouTube) to take down infringing content. These platforms are required to furnish details of the sellers and account holders involved in the unauthorized use of Gambhir’s persona to the plaintiff.
Justice Singh underscored the unauthorized use of Gambhir's persona as a violation of his personality and privacy rights, noting that such actions lead to dilution of his reputation and unearned commercial gain for others. The judgment is grounded in the recognition of personality rights by Indian courts, which protect the commercial value attached to an individual's public persona.
The court emphasized the need for strict enforcement, given Gambhir's stature and contributions to Indian cricket, including his pivotal role in India's victories in the 2007 ICC World Twenty20 and the 2011 ICC Cricket World Cup. The order reflects the court's commitment to safeguarding the rights of public figures against digital exploitation.
The case highlights the growing concern over the misuse of digital technologies, such as AI and deepfakes, in infringing upon individual rights and underscores the judiciary's proactive stance in addressing these modern challenges.
Bottom Line:
Personality and Publicity Rights - Unauthorized exploitation of an individual's name, image, likeness, and persona through digital and online platforms constitutes a violation of personality and publicity rights. The Court can issue injunctions to prevent such exploitation, especially when done for commercial or personal gain.
Statutory provision(s): Commercial Courts Act, 2015, Section 151 CPC, Order XXXIX Rules 1 and 2 CPC, Bharatiya Sakshya Adhiniyam, 2023
Gautam Gambhir v. Ashok Kumar/John Doe, (Delhi) : Law Finder Doc id # 2874300
