Bombay High Court protects Suniel Shetty's personality rights

The Bombay High Court on Friday granted actor Suniel Shetty urgent interim protection against the misuse of his persona through AI-generated deepfakes, false endorsements and counterfeit merchandise, holding that such acts infringe his fundamental rights to privacy and dignity [Suniel Shetty Vs Ashok Kumar]..Justice Arif S Doctor observed that the material presented, including obscene AI-generated images of Shetty and his family, could at best be described as a lethal combination of a depraved mind and the misuse of technology, which could harm Shetty's personality rights. .The order was passed after Shetty approached the Court seeking the protection of his personality rights, privacy and dignity under Article 21 of the Constitution, as well as his moral rights under the Copyright Act. His plaint referred to his three-decade-long career across more than 100 films, his endorsement deals with national and international brands, and his large digital following of over 13 million across social media platforms.Senior Advocate Birendra Saraf, appearing for Shetty, argued that the actor’s name, likeness, image, voice and mannerisms had become uniquely associated with him and were being misappropriated through deepfakes, unauthorised advertisements, fake social media profiles and merchandising..The Court found that the infringing material not only harmed Shetty’s reputation but also risked misleading the public.“The unauthorized creation/ uploading of deepfake images of the Plaintiff on social media platforms constitutes a grave infringement not only of his personality rights but also of his right to live with dignity. Equally, the unauthorized use of AI generated images of the Plaintiff and his family members constitutes a blatant invasion of their privacy and their fundamental rights," Justice Doctor observed.He added that these acts also created a false sense of endorsement or affiliation to Shetty, thereby misleading the public and amounting to classic passing off, misappropriation of goodwill, and consumer deception..The Court also accepted Shetty's request for passing a John Doe order (an order against unidentified persons, and not just the parties to the case)."Given the clandestine and continuing nature of these activities and the ongoing harm, the Plaintiff has correctly impleaded Defendant No. 1, ‘John Doe/Ashok Kumar,’ to represent the entire class of such unknown persons whose identities cannot be presently ascertained," the Court held. .The Court restrained several defendants from using Shetty’s persona in any form, including through AI content, deepfakes, cloned audio or merchandise. Meta Platforms and X Corp were directed to remove infringing content within one week and to provide subscriber details of uploaders when requested by Shetty.The matter will be heard next on November 17..Shetty was represented by Senior Advocate Dr Birendra Saraf with advocates Janay Jain, Monisha Mane Bhangale, Bijal Vora, Tamanna Meghrajani and Pavanaj R Hariharan, instructed by Parinam Law Associates..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.