Delhi HC orders digital platforms to remove AI deepfakes, protects Tabu’s personality rights

The Delhi High Court has granted an ex-parte interim injunction protecting Bollywood actor Tabu from the unauthorised use of her name, image, voice, photographs and other personality attributes, including through artificial intelligence, deepfakes, face morphing and other digital technologies.

Justice Jyoti Singh, hearing a petition filed by Tabu, directed major digital platforms, including Google, Meta, X and Reddit, to remove or disable access to more than 150 URLs allegedly carrying unauthorised and objectionable content relating to the actor. Certain platforms and domain service providers have also been directed to disclose Basic Subscriber Information and IP log details linked to the accounts and content.

The court observed that Tabu's name and stage name, along with her image, voice, likeness and other personality attributes, have acquired a distinct identity and are immediately associated with her by the public. It held that she had established a prima facie case for interim protection and that she could suffer irreparable harm if the injunction was not granted.

The court noted that the Delhi High Court has previously recognised personality rights in cases including D.M. Entertainment v. Baby Gift House, Anil Kapoor v. Simply Life India and Jaikishan Kakubhai Saraf v. Peppy Store. It observed that unauthorised commercial use of a celebrity's distinctive attributes can infringe their rights, dilute their identity and allow third parties to derive unearned commercial benefit.

A major concern in Tabu's case was the alleged circulation of AI-generated obscene images, videos and GIFs created by manipulating material from her films, interviews and public appearances. The court noted that deliberately editing or sensationalising such content to attract traffic and generate revenue could cause serious harm to her reputation, goodwill and commercial value.

The injunction restrains the defendants, including unidentified persons, from using or exploiting Tabu's personality or publicity rights without her consent. The protection covers her real and stage names, voice, signature, photographs, images, movie stills and other identifying attributes, and specifically extends to AI, generative AI, machine learning, deepfakes, face morphing and GIFs across websites, social media, mobile applications and other digital platforms.

Importantly, the court emphasised that personality-rights violations are not limited to financial losses. Unauthorised exploitation can also affect a person's privacy, dignity and reputation. In Tabu's case, the court found that the alleged false publication had caused significant reputational harm. (ANI)

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