Delhi High Court Issues Landmark Order Against AI-Generated Film Exploiting Celebrity Son's Identity
The Delhi High Court has taken a decisive stand against the unauthorized use of artificial intelligence technology to exploit personal identities, issuing a significant order that bars the circulation and broadcast of an AI-generated film featuring Akira Nandan, the son of Andhra Pradesh deputy chief minister Pawan Kalyan.
Court Recognizes Violation of Personality and Privacy Rights
Justice Tushar Rao Gadela granted interim relief while hearing a lawsuit filed by Akira Nandan, who also goes by the name Akira Desai. The court firmly held that the unauthorized commercial exploitation of his name, image, and likeness constituted a clear violation of his personality rights and right to privacy.
The plaintiff had alleged that Sambhawaami Studios LLP created and posted on YouTube a one-hour AI-generated movie that meticulously replicated his facial features, voice, and overall personal characteristics. This was done without any permission or authorization, raising serious legal and ethical concerns.
Multiple Legal Violations Identified
The court noted that the plaintiff's complaint highlighted several critical violations, including:
- Infringement of personality and publicity rights
- Violation of the fundamental right to privacy
- Attempt to defraud the public through misuse of AI and deepfake technology
- Potential damage to reputation through fabricated intimate scenes
Justice Gadela observed that the AI morphing content portraying fabricated intimate and romantic scenes involving the plaintiff without authorization had already caused damage and possessed the potential to irreparably harm his name, image, goodwill, and reputation.
Immediate Takedown Order Issued
In a decisive move, the High Court passed an ex parte order for the immediate removal of the AI film and all related content, including clips, shorts, and promotional material across websites and social media platforms. The court specifically restrained Sambhawaami Studios LLP and other involved parties from any further exploitation of Akira Nandan's persona through AI or deepfake technologies.
The court emphasized that the act of deploying AI tools to create a movie with the actor in the lead role served as testament to his distinctive image and persona. There was a clear likelihood of exploiting his name, image, picture, personality, and voice for commercial gain without consent.
Irreparable Harm Recognized
Justice Gadela made a crucial observation about the nature of the potential harm, stating that the injury and loss the plaintiff might suffer without restraint orders would be irreparable. The judge noted that damage to personality and personal image cannot be measured in monetary terms nor conveniently restored once tarnished.
Comprehensive Restraining Order
The court issued a comprehensive restraining order against all defendants, including John Doe (representing any unidentified party). The order prohibits them from:
- Utilizing Akira Nandan's personality traits in any manner
- Using, imitating, or exploiting any facet of his personality
- Employing his name, image, likeness, voice, mannerisms, or other identifiable attributes
- Using AI, generative AI, machine learning, or deepfake technologies for such purposes
This landmark decision represents a significant step in Indian jurisprudence regarding the protection of personality rights in the digital age, particularly as AI and deepfake technologies become increasingly sophisticated and accessible. The ruling establishes important legal precedents for how courts should address the unauthorized commercial exploitation of personal identities through emerging technologies.
