Deepfakes, morphed and obscene material and fake quotes carrying the name and image of actor and BJP MP Kangana Ranaut must be taken down, the Delhi High Court has directed in an interim order in the Kangana Ranaut personality rights suit. The suit is yet to be decided.
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New Delhi: At the interim stage, the Delhi High Court has protected the personality rights of actor and Bharatiya Janata Party Member of Parliament Kangana Ranaut, directing Meta Platforms to take down infringing content identified by her and restraining the misuse of her name, image and voice through AI-generated and manipulated material. [Kangana Ranaut v. Meta Platforms Inc. & Ors.]
The interim order was passed by Justice Vikas Mahajan.
Takedown And Blocking
Meta Platforms must remove the allegedly infringing content identified by Ranaut and take it down permanently. The Ministry of Electronics and Information Technology and the Department of Telecommunications are to direct internet and telecom service providers to block access to the identified infringing websites.
Restraints On The Defendants
The defendants, unidentified persons included, are restrained from creating, publishing, reproducing, disseminating, hosting or otherwise exploiting her name, image, voice and other personality attributes without authorisation, and from creating or circulating AI-generated content, deepfakes, synthetic media, manipulated audio and video, fabricated speeches, false endorsements and impersonation content. They may also not operate accounts, pages, channels or websites that falsely suggest her association, affiliation or endorsement.
The Court’s Reasoning
The Court reasoned that Ranaut’s stature gives her proprietary rights in her personality and related attributes, including the exclusive right to use them commercially and to protect them against unauthorised use. Obscene, morphed and AI-generated sexually explicit material that she had not authorised, and manipulated audio-visual material falsely showing her making statements or taking part in events that never happened, could be taken down, it held. The Court said:
“Such content is inherently deceptive and is capable of misleading ordinary viewers into believing the same to be genuine.”
The concern, it added, is greater still where a person’s image and current designation are paired with a false quote or statement. Finding a prima facie strong case and a balance of convenience in Ranaut’s favour, the Court held that the apprehended damage to her image and personality “appeared real and immediate” and might not be remedied by monetary compensation.
What Ranaut Contends
Ranaut’s case is that the content infringes her personality and publicity rights, her right to identity and her right to dignity, and could mislead the public and damage her reputation. These are the plaintiff’s contentions, and the suit has yet to be decided.
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Case Details: Kangana Ranaut v. Meta Platforms Inc. & Ors. (Delhi High Court; interim order; case number and date of order not stated in the source). Before: Justice Vikas Mahajan.
Appearances: Not reported.
