The Bombay High Court has stepped in to protect Bollywood actor Suniel Shetty’s personality rights following allegations of misuse through AI-generated deepfakes, false endorsements, and counterfeit merchandise, marking a significant development in celebrity rights and digital safety in India.
Bombay HC grants Suniel Shetty protection from AI deepfakes and false endorsements
Court Grants Urgent Protection to Suniel Shetty
Justice Arif S Doctor of the Bombay High Court granted urgent interim protection to Suniel Shetty after the actor approached the Court, citing the misuse of his name, image, likeness, and other unique aspects of his persona. Shetty argued that these acts constituted a violation of his fundamental right to privacy and dignity under Article 21 of the Constitution, as well as his moral rights under the Copyright Act, drawing upon his illustrious three-decade-long film career and his endorsement deals with leading brands.
AI Deepfakes and False Endorsements: A New Threat
Senior Advocate Birendra Saraf, representing Shetty, described how the star’s digital presence, followed by over 13 million fans online, was being misused through AI-deepfakes, unauthorized advertisements, and fake social media profiles. The Court observed that obscene AI-generated images of Shetty and his family, along with fake endorsements, were the product of a “depraved mind” misusing technology and posed a risk to Shetty’s personal and professional reputation.
Protecting Privacy and Dignity
The Court ruled that such unauthorized creations not only infringe on Shetty’s personality rights but also amount to a grave invasion of privacy and an attack on fundamental rights. Justice Doctor emphasized that these acts could mislead the public by creating a false sense of endorsement, resulting in consumer deception and misappropriation of goodwill—essentially a classic case of “passing off”.
Wide-Ranging Restraints and the John Doe Order
To tackle the wide-ranging and anonymous nature of these infringements, the Court granted a John Doe order, restraining unidentified parties from using Shetty’s persona in any form, including AI-generated content, deepfakes, cloned audio, or unauthorized merchandise. Major platforms like Meta (Facebook/Instagram) and X (formerly Twitter) were directed to promptly remove infringing posts and cooperate with Shetty’s legal team if content creator identities were requested.
The matter is scheduled for further hearing on November 17.
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