Delhi High Court Upholds Personality Rights of Hrithik Roshan Against Unauthorized Use

Court Grants Ex-Parte Ad Interim Injunction to Protect Actor's Image from AI Exploitation and Commercial Misuse

In a landmark decision, the Delhi High Court has granted an ex-parte ad interim injunction to protect the personality rights of Bollywood actor Hrithik Roshan against unauthorized exploitation through artificial intelligence and other digital mediums. The judgment, delivered by Justice Manmeet Pritam Singh Arora, underscores the legal recognition of personality rights and publicity rights for celebrities, safeguarding them from commercial misuse of their image, voice, and other attributes.

Hrithik Roshan, a celebrated figure in Indian cinema, filed a civil suit seeking permanent injunction against various defendants, including unidentified entities, for misappropriating his personality rights. The court acknowledged the urgency of the interim relief sought, exempting the plaintiff from pre-institution mediation as per Section 12A of the Commercial Courts Act, 2015.

The lawsuit highlighted the unauthorized use of Roshan's persona through AI-generated content, deep fakes, GIFs, and morphed images, which infringed upon his publicity rights and damaged his reputation. The court directed the defendants to remove infringing content and suspend links on various e-platforms.

Justice Arora's ruling emphasized that personality traits such as Roshan's image, voice, and likeness are protectable elements under the right of publicity, and their unauthorized commercial use constitutes an infringement. The court restrained the defendants from exploiting Roshan's persona for commercial gains or creating obscene content, affirming the plaintiff's entitlement to protection against such misuse.

The judgment also addressed the involvement of domain name registrants and e-platforms, directing them to take down infringing content and provide user details for compliance. The court's directive to suspend and lock domain names hosting infringing material further strengthens the legal framework protecting celebrity rights.

Hrithik Roshan's legal team, led by senior advocate Sandeep Sethi, argued that the unauthorized actions by the defendants resulted in significant economic loss, affecting Roshan's endorsement income and goodwill among fans. The court recognized the plaintiff's strong personal brand and the potential harm to his reputation due to the defendants' actions.

The Delhi High Court's decision marks a pivotal moment in the legal protection of celebrity rights in India, reinforcing the importance of safeguarding personal attributes against technological exploitation. The court's injunction serves as a deterrent against the unauthorized commercial use of celebrity personas, ensuring that public figures maintain control over their likeness and identity.

Bottom Line:

Personality rights and publicity rights of celebrities are legally recognized and protected against unauthorized use and exploitation for commercial purposes. Unauthorized use of a celebrity's image, voice, likeness, or other attributes constitutes an infringement of their rights, including violation of privacy, reputation, and goodwill.

Statutory provision(s): Commercial Courts Act, 2015, Section 12A; Code of Civil Procedure, 1908, Section 151; Order XXXIX Rules 1 and 2; Copyright Act, 1957; Trade Marks Act, 1999

Hrithik Roshan v. Ashok Kumar/John Doe, (Delhi) : Law Finder Doc id # 2797106