New Delhi [India], August 17 : The Delhi High Court has restrained unidentified persons and certain entities from using or exploiting actress Khushi Kapoor's name, image, likeness and other distinctive attributes of her persona without her consent, including through artificial intelligence, generative AI, deepfakes, AI chatbots, face morphing, voice cloning and synthetic media.
Justice Jyoti Singh observed that Kapoor had made out a prima facie case for grant of an ex parte ad-interim injunction and that the balance of convenience lay in her favour. The court also held that she was likely to suffer irreparable harm if interim protection was not granted.
The court noted that Kapoor, through her work in films including The Archies, Loveyapa and Nadaaniyan, along with her editorial and brand engagements, had generated independent goodwill and recognition. It observed that her name, image and likeness function as "source indicators" possessing measurable commercial value and that her name, voice, likeness and other personality attributes had acquired unique distinctiveness and were instantly associated with her by members of the public.
"Plaintiff has a right to protect her personality rights," the court said, adding that third parties could be restrained from using, misappropriating or exploiting such personality attributes without her consent and authorisation.
The court referred to its earlier decisions in D.M. Entertainment v. Baby Gift House, Anil Kapoor v. Simply Life India and Jaikishan Kakubhai Saraf v. Peppy Store, observing that unauthorised commercial use of a person's name, image or other distinctive attributes amounts to infringement, dilutes the individual's unique identity and results in unearned commercial gain for others.
The court further observed that unauthorised use of the attributes of famous personalities can cause not only commercial detriment but also affect their right to privacy, personality and to live with dignity.
The order came on Kapoor's suit concerning alleged unauthorised exploitation of her personality, including fake profiles and impersonating accounts, AI-generated and manipulated content, and commercial use of photographs.
The court noted allegations that obscene and sexually explicit content had been created using morphed, manipulated and superimposed images and other personality attributes of Kapoor. It also took note of allegations concerning platforms that enabled AI-generated depictions or chatbots presenting themselves as the actress.
The court has, until the next date of hearing, restrained Defendants No. 1/John Doe, 7, 8, 9 and 10 from using, exploiting or misappropriating Kapoor's name "Khushi Kapoor", image, likeness or other attributes exclusively identifiable with her for commercial or personal gains without her consent or authorisation.
The restraint expressly covers the use of technologies including AI, generative AI, machine learning, deepfakes, AI chatbots, face morphing, voice cloning and synthetic media, irrespective of the medium or format.
The High Court also directed the Ministry of Electronics and Information Technology (MeitY) and the Department of Telecommunications (DoT) to issue notifications to the relevant internet service providers and telecom service providers for removal of specified URLs.
The concerned URLs listed at serial numbers 1-61, 62-71, 177-182 and 183-184 of Annexure-A are to be taken down within 36 hours of receipt of the order.
The court separately directed Living Media India Pvt Ltd to remove URLs numbered 185-275 in Annexure-A within 36 hours of receiving the order.
The suit has been registered, and summons have been issued to the defendants. The court granted Kapoor exemption from pre-institution mediation in view of the urgent relief sought. Notices to the remaining defendants have been made returnable on December 18 this year.