The Bombay High Court has ordered e-commerce platforms and AI content websites to delete deepfakes and all online material that breaches Shilpa Shetty Kundra's personality rights. Justice Sharmila Deshmukh issued a court order that prevented 28 organisations from using the actor's name, image, resemblance, and photos for commercial purposes. The court discovered that online retailers used Shetty's image to market their products by creating false associations with the actor.
What did the court say?
"Upon prima facie consideration of the material placed on record, it is evident that by unauthorised use of Shetty's persona, name, image, likeness, photographs and other personality attributes, the defendants are passing off their goods as being associated with Shetty," the court said.
Court raised serious concerns about...
Justice Deshmukh also raised serious concerns about the growing misuse of artificial intelligence to create deepfakes and other manipulated content using the actor's identity without her permission.
The court pointed out that some websites offering AI tools are allowing their platforms to be used to generate such content, which can easily violate a person's personality rights. According to the court, this is one of the most troubling parts of the case.
The judge observed that deepfake videos and AI-generated or obscene material can cause significant harm to a person's reputation and dignity when they are shared on public platforms.
Violation of personality attributes
In its observation, the court said that while the commercial use of the actor's personality attributes already requires strict action, the creation and circulation of deepfake and explicit AI-generated content is particularly alarming.
The court further stated that such material damages a person's public image and also violates the right to privacy and dignity, which are protected under Article 21 of the Constitution of India.
The public status of a person does not give others permission to determine how that person will present their identity to the world. Celebrities, like any other individual, have the right to protect their personality rights and cannot be commercially used without their consent.
The court also issued directions to digital platforms and intermediaries, asking them to remove the web links identified by Shetty within eight days after receiving a notice. At the same time, the platforms have the option to approach the court if they wish to challenge the removal of any specific content.
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