Delhi HC restrains AI deepfakes, unauthorised merchandise and online exploitation of Varun Dhawan's personality rights
New Delhi, June 1
The Delhi High Court has granted interim protection to actor Varun Dhawan against the unauthorised commercial exploitation of his personality rights, restraining several websites, social media accounts and online platforms from using his name, image, voice, likeness or other attributes of his persona through technologies such as artificial intelligence, generative AI, machine learning, deepfakes and face-morphing tools.
Justice Jyoti Singh passed the order while hearing a suit filed by Dhawan alleging unauthorised use of his identity across booking websites, merchandise platforms and social media channels that were allegedly using his persona for commercial gain and disseminating AI-generated content depicting him in objectionable and misleading scenarios.
The Court directed that, until the next date of hearing, the defendants and persons acting on their behalf shall not utilise, exploit, misappropriate or commercially use Dhawan's name, image, voice, likeness or any other identifiable element of his persona without authorisation. The restraint extends specifically to the use of technologies including AI, generative AI, machine learning, deepfakes, AI chatbots and face morphing.
The Court further restrained the defendants from selling, offering for sale or facilitating the sale of merchandise and other products that allegedly infringe Dhawan's personality rights, amount to passing off, or violate his registered trademarks, including his name and signature.
In a significant direction concerning AI-generated content, the Court restrained certain defendants from creating, sharing or disseminating content that is derogatory, abusive or portrays the actor in inappropriate scenarios through the use of artificial intelligence or similar technologies. The Court observed that such content could dilute or tarnish the plaintiff's public persona.
Justice Singh also directed multiple defendants to remove specified URLs identified in the suit. Online platforms and intermediaries were ordered to take down the impugned links within 36 hours of receiving the order. Government authorities arrayed as defendants were directed to issue necessary directions for blocking and disabling URLs relating to alleged pornographic content involving the actor.
Additionally, the Court directed YouTube, Meta and X entities impleaded in the proceedings to disclose Basic Subscriber Information (BSI) relating to the channels and accounts identified in the suit. The Court also ordered that if Dhawan notifies these platforms of fresh infringing URLs, posts, videos or links violating his personality and publicity rights or containing abusive, derogatory or pornographic content, such content shall be removed within 36 hours of communication.
While granting the relief, the Court held that Dhawan had established a prima facie case. It observed that the unauthorised sale of merchandise bearing a celebrity's name, image and likeness for commercial gain is unlawful and can damage the goodwill and reputation built over the years. The Court further noted that a celebrity is entitled to protect attributes such as name, image, likeness and voice, and that unauthorised use of such attributes can result in both commercial harm and an infringement of personality and privacy rights.
The Court also recorded that the dissemination of pornographic material and AI-generated images portraying a celebrity in inappropriate situations can mislead the public and cause serious reputational injury, warranting judicial protection.
On behalf of Varun Dhawan, Senior Advocate Sandeep Sethi appeared along with Pravin Anand, Ameet Naik, Madhu Gadodia, Dhruv Anand, Dhananjay Khanna, Unnati Gambani, Nimrat Singh, Bhavya Verma, Shreya Sethi, Krisna Gambhir, Pranav Nair and Vinayika Shahi, Advocates. Defendant number 2 was represented by Advocates Tushar Gupta, Sumit Kumar Mishra, Lakhvinder Singh, Manuj Gautam and Nirbhay Saxena.
The matter has been listed before the Court on October 1, while proceedings before the Joint Registrar have been scheduled for August 5.
— ANI
Reader Comments
As much as I support this, I also wonder - shouldn't we focus on educating the public about AI misuse rather than just blocking content after it's up? The genie is out of the bottle. Still, glad the court is taking it seriously.
About time! These AI-generated deepfakes are getting out of hand. Not just for celebrities but for anyone. Remember those fake videos of politicians during elections? This Delhi HC order is a step in the right direction for digital India.
Varun Dhawan's team deserves credit for pursuing this. But honestly, how many smaller artists or influencers can afford such legal battles? We need stronger laws that protect everyone's digital identity, not just the wealthy ones.
Great move by the courts! Deepfake technology is becoming a menace. Earlier this year my cousin's image was used in some fake ad on WhatsApp - imagine the damage to someone's reputation. Celebrities have the means to fight back, but ordinary people need protection too.
Impressive legal work by Senior Advocate Sandeep Sethi and team! The court's order covering AI chatbots, face morphing and even the 36-hour takedown notice is comprehensive. But I worry about the burden on platforms like YouTube and Meta to monitor everything.
S We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.