The Delhi High Court has issued an interim injunction against the unauthorised use of actor Arjun Kapoor's name, image, and likeness for commercial gain, including the creation and distribution of deepfakes and merchandise. The court directed tech platforms to remove infringing content, recognising Kapoor's public identity as a valuable asset.
Justice Tushar Rao Gedela observed that Kapoor has established a significant presence in the film industry, and his identity—encompassing his name, voice, image, likeness, photograph, unique persona, and signature—warrants protection against exploitation. The order, passed on April 29, addresses allegations of impersonation for bookings, sale of merchandise featuring his image, generation of AI deepfakes, and the hosting of pornographic content.
Court Mandates Content Removal, Restrains Infringers
The High Court's directive compels tech companies, including Google and Meta, to take down infringing material. The court noted that the use of Kapoor's identity without authorisation for profit constitutes a violation of his personality and publicity rights.
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The bench acknowledged that such unauthorised usage, particularly concerning vulgar or obscene content, could cause irreparable damage to Kapoor's image and reputation. The order extends to restraining multiple defendants, from event booking agencies to AI content creators and e-commerce platforms, from leveraging Kapoor's persona for any purpose without his explicit consent.
Broader Implications and Precedents
The ruling signifies a judicial acknowledgment of the growing threat posed by digital impersonation and the misuse of an individual's likeness in the digital age, especially with the rise of AI-generated content. The court's recognition of personality rights as a valuable personal asset built through public engagement and media presence sets a precedent for similar cases.
This legal intervention follows similar efforts by other public figures. Actors like Aishwarya Rai Bachchan, Abhishek Bachchan, and Salman Khan, along with spiritual leader Sri Sri Ravi Shankar, journalist Sudhir Chaudhary, and podcaster Raj Shamani, have previously sought and obtained protection for their personality and publicity rights from the Delhi High Court. The case also cited earlier court orders in favour of Jubin Nautiyal, Vivek Oberoi, and Acharya Balakrishnan.
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The proceedings involved Kapoor's legal team arguing that the disseminated content went beyond permissible parody or satire, constituting fabricated visuals designed for exploitation. Tech platforms, while appearing via counsel, reportedly suggested some content might fall under permissible parody or lampooning, though the court's order for immediate removal indicates a firm stance against infringement. The actor sought relief against unauthorised bookings, merchandise sales, and the distribution of manipulated digital content, including sexually explicit material and fake news.
