Bombay HC Grants Suniel Shetty Urgent Protection Against Deepfakes

Bombay HC Grants Suniel Shetty Urgent Protection Against Deepfakes

In a landmark decision setting a crucial precedent against the misuse of Artificial Intelligence (AI) technology, the Bombay High Court has granted Bollywood actor Suniel Shetty urgent interim protection of his personality rights. Justice Arif S. Doctor ordered the immediate restraint of defendants—including unknown entities (a ‘John Doe’ order)—and directed major platforms, including Meta Platforms (Facebook/Instagram) and X Corp (Twitter), to remove all infringing content, specifically AI-generated deepfakes and obscene images.

The court delivered a strong message, holding that the unauthorized creation and circulation of such material constitutes a grave violation of the actor’s fundamental rights to privacy and dignity.

Justice Arif S. Doctor, while examining the evidence, did not mince words about the gravity of the violations. The material presented to the court included deeply disturbing AI-generated images of Suniel Shetty and his family, some of which were described as obscene.

The judge observed that the content reflected a “lethal combination of a depraved mind and the misuse of technology,” emphatically noting that such acts severely harm the actor’s personality rights.

Shetty’s plea highlighted the extent of the misuse, which went beyond mere fake endorsements and stretched into malicious fabrication of intimate content. The court recognized the severe potential for irreversible reputational and personal damage, prompting the grant of immediate relief without issuing prior notice to the anonymous offenders. The ruling directly addressed the fact that such content is not merely commercial exploitation but a fundamental assault on an individual’s right to live with dignity under Article 21 of the Constitution.

Suniel Shetty approached the court after discovering rampant, unauthorized use of his name, image, and likeness across various digital platforms. The violations included:

  • AI-Generated Deepfakes: Maliciously created images, including those falsely showing the actor and his family (including a manipulated image with his grandchild).
  • False Endorsements: Unauthorized use of his persona to promote products and services, including real estate, astrology websites, and online gambling portals.
  • Impersonation: Fake social media accounts and fraudulent agents falsely claiming to represent him for brand deals.

Senior Advocate Birendra Saraf, representing Shetty, stressed that such actions amounted to classic ‘passing off’ and misappropriation of the goodwill the actor painstakingly built over three decades in the film industry. The court agreed, stating the infringing material clearly infringes on the actor’s rights and misleads the public into believing a false association or endorsement.

A crucial aspect of the High Court’s order involves directing major social media intermediaries to take swift and decisive action. Justice Doctor directed Meta Platforms, X Corp, and other defendants to remove all identified infringing material within one week.

Furthermore, the court ordered these platforms to provide the actor’s legal team with details of the users responsible for uploading the malicious content when requested. This move puts significant responsibility on intermediaries to actively moderate and police their platforms against AI-driven violations of personality rights.

The ruling follows a series of similar pleas by other prominent Indian celebrities, including Aishwarya Bachchan, Abhishek Bachchan, Amitabh Bachchan, Karan Johar and Asha Bhosle, signalling a powerful judicial intent to protect public figures against the rising menace of AI deepfakes. The Bombay High Court’s urgent intervention in Suniel Shetty’s case marks a pivotal moment, strengthening the legal shield for personality rights and sending an unambiguous warning to those exploiting technology for malice or commercial gain. The case will significantly influence how Indian law addresses the digital impersonation crisis.

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