Delhi High Court’s Landmark Decision on Personality Rights
The Delhi High Court recently issued a significant ruling safeguarding the personality rights of Bollywood actor Varun Dhawan. On May 29, the court mandated the removal of various AI-generated deepfakes that depicted Dhawan in compromising situations with female co-stars. Additionally, the court addressed unauthorized commercial activities using his name and likeness, emphasizing the protection of his personality rights.
Legal Background and Court’s Observations
Presiding over the case, Justice Jyoti Singh acknowledged a prima facie case for granting an ex parte ad interim injunction in Dhawan’s favor. The court’s directive targets several websites, including e-commerce platforms and social media intermediaries, prohibiting them from infringing upon Dhawan’s rights. In her statement, Justice Singh remarked, “The plaintiff is entitled to protection against the dissemination of pornographic content as well as AI-generated images portraying him in an inappropriate scenario. Such distasteful content is damaging to the plaintiff’s reputation and may mislead the public.”
Specific Court Orders
The court instructed major tech companies, including Google, Meta Platforms, and X Corporation, to disclose the Basic Subscriber Information (BSI) of users responsible for distributing the infringing content. Furthermore, these social media intermediaries must remove any newly reported infringing material within 36 hours of notification from Dhawan.
Legal Representation and Arguments
Senior Advocate Sandeep Sethi, representing Dhawan, highlighted the misuse of Dhawan’s personality traits by various online sellers for unauthorized merchandise sales. He also raised concerns about fraudulent booking agencies claiming to engage Dhawan for performances without his consent. The legal team supporting Dhawan included advocates Pravin Anand, Ameet Naik, Madhu Gadodia, and others.
Trademark Registration and Additional Protections
Dhawan’s legal representatives noted in the suit that he holds trademark registrations for his name and signature. They argued that unauthorized use constitutes an infringement of his rights. The court’s order restricts defendants from exploiting Dhawan’s name, image, voice, or any personal attributes for commercial gain without authorization. It also prohibits the sale or facilitation of merchandise infringing on Dhawan’s personality rights.
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Conclusion and Implications
This ruling underscores the judiciary’s role in protecting the rights of individuals against unauthorized exploitation, particularly in the digital realm. By upholding Dhawan’s rights, the court has set a precedent for addressing similar issues faced by public figures in the future.
