The Bombay High Court protected Shilpa Shetty from deepfake misuse, stressing that “no personality can be portrayed this way” online. The Court said such manipulated content harms dignity and privacy, directing platforms to remove all objectionable material misusing her image.
Mumbai: The Bombay High Court emphasized that no individual’s personality should be depicted in ways that infringe upon their fundamental right to privacy, as it granted interim relief to actress Shilpa Shetty Kundra in her lawsuit concerning the misuse of her image and deepfake content.
A vacation Bench led by Justice Advait M Sethna instructed various entities, including social media platforms and AI-related defendants, to remove or disable access to URLs, posts, links, and websites featuring allegedly altered or manipulated images and videos of Shetty.
Also Read: Cheating Case: Shilpa Shetty Withdraws Abroad Travel Request in Bombay High Court
The Court declared,
“Such content to be prima facie extremely disturbing and abhorrent to say the least.”
While acknowledging that broader issues surrounding Shetty’s personality and publicity rights under intellectual property laws would be resolved by a regular Bench, the vacation Bench stated that it was obligated to protect Shetty’s rights to privacy and dignity under Article 21 of the Constitution.
As part of the interim order, The judge noted,
“No personality, much less a person and or a woman, can be portrayed in a fashion which affects her fundamental right to privacy and that too, without her knowledge and or consent,”
The Court highlighted Shetty’s status as a prominent film and television figure with over 3.33 crore Instagram followers, stating that the content on social media depicted her inappropriately and unacceptably, risking damage to her image and reputation.
It asserted that allowing continued circulation of such content would undermine Shetty’s fundamental right to live with dignity.
During the hearing, Shetty’s lawyer, advocate Sana Raees Khan, argued that the defendants were exploiting the actress’s photographs and persona for unauthorized commercial purposes, including selling sarees.
This, Khan insisted, violated both the Copyright Act and Shetty’s personality and privacy rights.
The judge, however, consistently pointed out that the extent to which personality rights are recognized and enforceable under the Copyright Act and related statutes would remain an open question, unsuitable for a conclusive ruling during a vacation session.
For the time being, the judge indicated he would proceed on the premise that Shetty is a credible actress and that any material misusing her image without consent cannot be disseminated.
He also urged Shetty’s counsel to present appropriate statutory support and precedents before the regular Bench to substantiate the claim that her personality rights had been violated.
This lawsuit from Shetty reflects a rising trend among Indian celebrities who are seeking legal recourse to safeguard their personality and publicity rights against AI-generated deepfakes, manipulated content, and unauthorized endorsements.
In her complaint, Shetty alleged the use of AI tools to replicate her voice and mannerisms, leading to the creation of morphed images, posters, books, and merchandise that are monetized without her consent, subjecting her to ridicule and unwanted humor.
She has requested a broad injunction to prevent various entities from using her name, image, likeness, voice, and other distinctive traits and is seeking damages of Rs.5 lakh from certain parties, in addition to an extensive takedown of content infringing her privacy and personality rights.
Read More Reports On Personality Rights