The Delhi High Court has restrained several entities from creating and circulating sexually explicit AI-generated images, impersonating accounts, synthetic voice models and other unauthorised material using actor Kriti Sanon's personality rights.
Justice Purushaindra Kumar Kaurav passed the interim directions on October 29, observing that the expression “personality rights” encompasses several distinct legal claims and cannot be treated as one umbrella right warranting an omnibus injunction.
Sanon had approached the Court alleging five categories of misuse of her name, image, likeness and voice. These included fake booking offers for her appearances, social media accounts posing as her official profiles, AI-generated and morphed images, merchandise, AI chatbots and synthetic voice models, as well as pornographic deepfakes.
The Court noted that the uncertainty surrounding personality rights was “of law as much as of fact”, and declined to grant the broad restraint sought.
It observed that personality rights is not a single cause of action, but may involve distinct claims relating to publicity, privacy, passing off, defamation and statutory intellectual property rights.
“Before deciding what deserves protection, the Court must ask what right is said to be infringed,” the Court said.
The Court has directed intermediaries to disable access to identified URLs containing objectionable material and restrained the alleged infringers from uploading or generating further material of a similar nature.
It also directed the blocking of websites carrying pornographic deepfakes.
Notably, the order does not restrain news, review, criticism, commentary, satire, parody, caricature or fan expression falling outside the prohibited categories.
The court clarified that its observations are only prima facie and that the personality-rights questions will be decided after the contesting defendants are heard.
The matter will next be heard on December 10.
For Kriti Sanon: Advocate Pravin Anand with Advocates Dhruv Anand, Ameet Naik, Dhananjay Khanna & Bhavya Verma
For Defendants: Advocate Mamta Rani Jha with Rohan Ahuja, Shruttima Ehersa & Manisha Singh for D3; Advocate Amee Rana with Sana Banyal & Intisar Aslam for D7