Delhi HC steps up protection of personality rights amid rise in AI misuse, deepfakes

Indian courts, particularly the Delhi High Court, have increasingly moved to protect public figures from the misuse of their identity, voice and likeness through artificial intelligence-generated content, recognising such attributes as personal property linked to the right to privacy and dignity under Article 21 of the Constitution.

In recent years, celebrities and public personalities have approached courts seeking protection against deepfakes, unauthorised AI-generated endorsements, fake promotional material and obscene digital content using their identities.

One of the landmark cases came in 2023 when actor Anil Kapoor secured legal protection against the unauthorised commercial use of his name, image, voice and iconic expressions through AI and digital manipulation.

The Delhi High Court has since expanded the scope of such protections, observing that personality rights are not restricted to celebrities alone and are intrinsically linked to an individual’s right to privacy, dignity and control over commercial exploitation of their identity.

Actor R Madhavan also approached the court seeking action against obscene and AI-generated fake content circulating online, including fabricated film trailers purportedly linked to projects such as ‘Kesari 3’ and ‘Shaitaan 2’.

The court has also granted interim relief in petitions filed by other public figures, including actors Aishwarya Rai Bachchan, Abhishek Bachchan, Jaya Bachchan, Hrithik Roshan and Ajay Devgn.

Filmmaker Karan Johar, singer Kumar Sanu, Telugu actor Akkineni Nagarjuna, Sri Sri Ravi Shankar, journalist Sudhir Chaudhary and podcaster Raj Shamani have also sought judicial intervention to safeguard their personality and publicity rights.

Actors, including Salman Khan and Arjun Kapoor, have similarly moved courts to prevent the misuse of their digital identities amid the growing spread of AI-generated content and deepfake technology.

Legal experts say the emerging jurisprudence reflects courts’ increasing recognition that an individual’s name, face, voice and distinctive style constitute valuable personal property, enabling them to restrain unauthorised commercial exploitation or misuse by third parties.