Delhi HC says it will pass order in businessman Aman Gupta's personality rights case
New Delhi, May 7
The Delhi High Court on Thursday indicated that it would pass an interim order protecting the personality rights of Businessman Aman Gupta, co-founder of boAt Lifestyle and judge on Shark Tank India.
Justice Tushar Rao Gedela observed, "We will pass an order," after hearing submissions in the matter.
Senior Advocate Diya Kapur, appearing for Gupta, told the Court that his name, image and trademark were being used without permission across fake endorsements, merchandise sales, event booking platforms, AI chatbots and objectionable online content.
Counsel appearing for Google submitted that while certain infringing content could be removed, taking down memes and harmless content may not always be feasible. The Court, however, clarified that not every post would require removal while signalling interim relief in Gupta's favour.
The Delhi High Court has, in a series of judgments, recognised personality rights as part of the right to privacy and dignity protected under Article 21 of the Constitution.
The Court has repeatedly held that a person's name, voice, image, likeness and mannerisms cannot be commercially exploited without consent, particularly in cases involving AI-generated deepfakes, fake endorsements, misleading websites and unauthorised merchandise.
Over the years, the High Court has granted protection to several public personalities, including Anil Kapoor, Aishwarya Rai Bachchan, Abhishek Bachchan, Raj Shamani, Amitabh Bachchan, Allu Arjun, Mohanlal, Jubin Nautiyal, Pawan Kalyan, Sunil Gavaskar, Kajol, R. Madhavan, N. T. Rama Rao Jr., Sri Sri Ravi Shankar and Karan Johar.
— ANI
Reader Comments
I support protecting individuals from misuse, but I hope the court strikes a balance. Memes and harmless fan content shouldn't be caught in the crossfire. The Google submission about not taking down everything is valid.
It's good to see the judiciary recognizing that a person's image and identity have commercial value. In today's digital age, where anyone can create fake content, this protection is essential. Aman Gupta is right to seek this.
I appreciate the court's proactive approach! With so many fake endorsements and AI-generated content, it's high time we had clear laws. Though I wonder how this will be enforced practically across all online platforms.
A good move, but I hope this doesn't lead to unnecessary litigation against small creators or ordinary citizens sharing opinions. The line between infringement and fair use needs to be clearly defined. Bhai, we need balanced laws.
This is fantastic! As a fan of Shark Tank India, I've seen how easily celebrities' identities get misused. The fact that even AI chatbots were mimicking him is scary. Privacy and dignity are fundamental rights indeed. 😊
Interesting how Indian courts are evolving on digital rights. The Article 21 angle is clever. But I'm curious
We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.