Personality Rights - High Court Grants Injunction to Karan Johar in Landmark Personality Rights Case

Delhi Court Protects Celebrity's Persona Against Unauthorized Commercial Use and Technological Exploitation

News Report:  

In a significant judgment, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of renowned filmmaker Karan Johar, safeguarding his personality rights against unauthorized commercial exploitation. The judgment, delivered by Justice Manmeet Pritam Singh Arora, addresses the misuse of Johar’s persona, including his name, image, and voice, by various entities for commercial purposes through advanced technologies like AI and deep fakes.

Karan Johar, a celebrated figure in the Indian film industry, approached the court seeking protection from the unauthorized use of his personality attributes, which include his name, image, voice, and distinctive mannerisms. The case highlighted the misuse of Johar's persona by multiple defendants, including social media platforms and e-commerce websites, which have been selling merchandise and publishing content using Johar's likeness without consent.

The court recognized the proprietary rights of celebrities over their persona and associated attributes, affirming the impermissibility of unauthorized commercial exploitation. Justice Arora ordered an injunction restraining defendants from engaging in activities that violate Johar's personality rights, such as selling merchandise or creating AI-generated content using his likeness.

The judgment also addressed the broader implications of technological misuse in celebrity rights, emphasizing that tools like AI and face morphing pose a significant threat to personal rights and public image. The court directed several platforms to take down infringing content and provided guidelines on handling URLs featuring parody or satire, which are exceptions under the law.

This case sets a precedent in the protection of personality rights in India, highlighting the balance between individual rights and freedom of expression. The court’s decision underscores the importance of safeguarding celebrities from unauthorized use of their persona, ensuring their reputation and goodwill remain intact.

Bottom Line: 

Personality Rights - Unauthorized use of a celebrity's persona, including name, image, voice, and other attributes, constitutes a violation of personality rights. The court granted an ex-parte ad-interim injunction to protect the celebrity's rights from unauthorized commercial use, defamatory content, and misuse through advanced technologies like AI, deep fakes, and GIFs.

Statutory provision(s): Copyright Act, 1957, Trademarks Act, 1999, Code of Civil Procedure, 1908

Karan Johar v. Ashok Kumar/john Doe, (Delhi) : Law Finder Doc Id # 2781429