Delhi HC orders takedown of derogatory content on actress Khushi Kapoor

The Delhi High Court has directed the takedown of derogatory content, deepfakes and AI-generated online content on Bollywood actress Khushi Kapoor.

Justice Jyoti Singh passed the interim order on a suit filed by Kapoor seeking the protection of her personality rights. Justice Singh observed that  Kapoor has generated independent goodwill, recognition and commercial value.

"When attributes of famous personalities are used unauthorisedly, it leads not only to commercial detriment but also impacts his/her right to privacy/personality and live with dignity," the August 12 order stated further.

In her suit, Kapoor had pleaded for the removal of websites involved in disseminating obscene content using her name, image or personality attributes, or those involved in the unauthorised sale of merchandise, and commercial exploitation of her personality. She also sought action against YouTube channels and fake/unknown social media profiles engaged in such activity.

Among other content, Kapoor flagged a Hong Kong based company called SeaArt, which was involved in operating a website showing a dedicated search result on AI-generated content that misused Kapoors name and image. She also highlighted a US-based company called JanitorAI operating a chatbot impersonating as her and generating obscene AI-generated content.

The Court noted that Kapoor has two million followers on social media, has received several awards and is a notable personality in the fashion industry as well.

"There is no gainsaying that Plaintiff’s name ‘Khushi Kapoor’ and her image, voice, likeness and other attributes of her personality have acquired unique distinctiveness and are associated with her instantly by members of public," it said.

Therefore, the Court has restrained several unknown persons and entities from circulating obscene content and commercially exploiting Kapoor's personality traits through the unauthorised sale of merchandise in her name or using her image or personality attributes.

It directed the Union Ministry of Electronics and Information Technology and the Department of Telecom to take down the webpages flagged as containing obscene deepfakes, manipulated AI-generated content and chatbots impersonating as Kapoor, within 36 hours of receiving the order.

The Court has also restrained an entity called 'India Content' under the India Today Group from commercially exploiting Kapoor's photos.

It noted that India Content had been hosting Kapoor's photographs on its website and offering it for sale and unauthorised commercial licensing. The Court directed take down of such webpages concerning her. The webpages are still accessible at present.

The next date of hearing is December 18.

Advocates Asav Rajan, Abha Shah, Devang Shrotriya, Kashish Chadha, Aditya Shah and Raghav Bansal appeared for Kapoor.

Advocates Amee Rana, Yash Karunakaran and Divyansh Morolia represented Meta.

Advocates Mamta Jha and Shruttima Ehersa appeared for Google LLC. 

Advocates Mathuvanthy Mathavan, Adithya Nair and Shreya Gupta appeared for Reddit. 

Central government standing counsel Nidhi Raman with advocates Manish Rawat, Abhishek Mohanpuria and Nikita Singh appeared for MeitY and DoT.

[Read order]