Bombay High Court Protects Shilpa Shetty's Personality Rights, Orders Removal of AI Deepfakes
The Bombay High Court has recently granted protection to the personality rights of the renowned actress Shilpa Shetty Kundra, ordering the removal of AI-generated deepfakes and restraining commercial entities from the unauthorized use of her likeness.
On March 4, 2026, Justice Sharmila U. Deshmukh stated that the actress's personality attributes are protectable elements that cannot be commercially exploited without her express consent.
The Court observed that the creation of pornographic and obscene content using artificial intelligence is a "disturbing aspect" that violates the right to privacy and the right to live with dignity guaranteed under Article 21 of the Constitution.
The suit was filed by the actress against Getoutlive.in and 27 other defendants, including commercial entities, digital platforms like Facebook and Instagram, and government departments.
The application sought protection for her personality and publicity rights, invoking Section 38B of the Copyright Act, 1957 to protect her moral rights as a performer and Article 21 of the Constitution to safeguard her privacy and dignity.
The actress requested a permanent injunction to restrain the defendants from misappropriating her name, image, or likeness for commercial gain, an order against passing off, and a mandatory direction for the removal or suspension of infringing URLs.
The Court observed that the materials produced on record prima facie demonstrated the unauthorized use of movie clips and distortion of performances, which would amount to infringement of the moral rights of a performer under Section 38B of the Copyright Act.
Justice Deshmukh observed that there could be no justification for permitting such AI-generated deepfakes to be uploaded on digital platforms as they result in the “unauthorized exploitation for commercial gain” and tarnish the reputation and dignity of the person depicted.
The Court also noted that certain news articles uploaded by the general public on platforms like YouTube appeared to be unauthenticated and prima facie defamatory in nature.
Ultimately, the High Court allowed the interim application, granting a protective injunction against the commercial firms involved in the suit.
The bench directed all digital platforms and social media entities to delete or suspend infringing URLs within eight days of receiving notification from the actress or her representatives.
The Court further clarified that while it was protecting her personality and privacy rights, it was not at this stage adjudicating broader issues of personality rights under the Copyright Act itself.
For Shilpa Shetty: Advocates Sana Raees Khan, Palak Kasliwal and Haider Tapia
For Defendants: Advocates Prabudh Singh (through VC), Dhrupad Vaghani, Gayatri Mohite and Ajij M. K. for Defendant No. 9; Advocates Navankur Pathak and Bargavi Baradhwaj (through VC) i/b Sai Krishna and Associates for Defendant No. 13; Advocates Amishi Sodani and Charu Shukla i/b Ms. Charu Shukla for Defendant Nos. 15 and 24; Advocates Nishad Nadkarni, Aasif Navodia, Khushboo Jhunjhunwala, Jaanvi Chopra and Rakshita Singh i/b Khaitan and Co. for Defendant No. 18; Advocate Krishnakant Deshmukh for Defendant Nos. 26 and 17.