Delhi High Court Steps in to Protect Khushi Kapoor’s Personality Rights
The Delhi High Court has issued an interim order mandating the removal of defamatory content, including deepfakes and AI-generated material, concerning Bollywood actress Khushi Kapoor. This decision, made by Justice Jyoti Singh, comes in response to Kapoor’s legal action seeking the safeguarding of her personality rights.
In her ruling, Justice Singh highlighted Kapoor’s established goodwill, recognition, and commercial appeal, affirming that unauthorized use of a public figure’s attributes can result in both commercial harm and violations of privacy and dignity. The ruling, dated August 12, underscores the court’s commitment to protecting individuals from unauthorized exploitation.
Allegations Against Online Entities
Kapoor’s legal action targets websites and platforms disseminating inappropriate content under her name, image, or likeness, and those engaging in unauthorized merchandise sales and commercial exploitation of her persona. The lawsuit mentions a Hong Kong-based entity, SeaArt, which operates a website with AI-generated content misusing Kapoor’s name and image. Additionally, a U.S.-based company, JanitorAI, was noted for running a chatbot impersonating Kapoor, producing objectionable AI-generated content.
The court recognized Kapoor’s significant public presence, noting her two million social media followers, numerous awards, and influence in the fashion industry. Justice Singh stated, “There is no gainsaying that Plaintiff’s name ‘Khushi Kapoor’ and her image, voice, likeness, and other attributes of her personality have acquired unique distinctiveness and are associated with her instantly by members of the public.”
Directives to Protect Kapoor’s Image
The court has restrained various unidentified individuals and organizations from distributing derogatory content and exploiting Kapoor’s persona for unauthorized commercial gain. It instructed the Union Ministry of Electronics and Information Technology and the Department of Telecom to remove identified webpages containing offensive deepfakes, manipulated AI content, and chatbots impersonating Kapoor within 36 hours of receiving the order.
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Furthermore, the court has prohibited ‘India Content,’ a division of the India Today Group, from commercially exploiting Kapoor’s photographs, which were previously available for sale and unauthorized licensing on their website. The order mandates the removal of such content, although these pages remain accessible as of now.
Legal Representation and Next Steps
The legal proceedings saw the representation of Kapoor by advocates Asav Rajan, Abha Shah, Devang Shrotriya, Kashish Chadha, Aditya Shah, and Raghav Bansal. Advocates Amee Rana, Yash Karunakaran, and Divyansh Morolia appeared for Meta, while advocates Mamta Jha and Shruttima Ehersa represented Google LLC. Advocates Mathuvanthy Mathavan, Adithya Nair, and Shreya Gupta appeared for Reddit. Central government standing counsel Nidhi Raman, along with advocates Manish Rawat, Abhishek Mohanpuria, and Nikita Singh, represented MeitY and DoT.
The next court hearing is scheduled for December 18, where further developments on the case are anticipated.
