Click the Play button to listen to article

The Bombay High Court has directed social media platforms to take down objectionable content concerning actor Shruti Haasan that violates her right to dignity, holding that she has made out a “very strong prima facie” case for protection of her personality rights.

Justice Madhav Jamdar passed the order in a commercial suit filed by Haasan seeking ₹15 crore in damages from various entities and unidentified persons for allegedly misusing her name, image, likeness and voice without consent.

Haasan has alleged that unauthorised merchandise bearing her name and likeness was being sold online and that AI-generated deepfake content featuring her was being circulated on social media.

The plaint specifically alleges that unidentified persons used AI and deepfake technology to morph or superimpose Haasan's face onto sexually explicit and pornographic videos and images. According to Haasan, such material was unauthorised and subjected her to ridicule and disrepute.

The suit has been filed against 18 defendants, including merchandise sellers, celebrity booking platforms, AI chatbot providers, social media companies, e-commerce platforms, government authorities and unidentified defendants.

Haasan has contended that no person can commercially exploit or imitate facets of her personality—including her name, signature, voice, image and likeness—without her consent or authorisation.

She has also invoked her performers' moral rights under Sections 38, 38A and 38B of the Copyright Act, alleging that clips from films featuring her performances were extracted and used to create GIFs and deepfake videos in a manner that brought her into disrepute.

Apart from permanent injunctions against infringement of her personality and publicity rights, Haasan has sought delivery-up of infringing material, rendition of accounts and ₹15 crore in damages. She has also sought directions to intermediary platforms to disclose subscriber details of anonymous infringers so that they can be identified and impleaded in the proceedings.

Separately, Justice Abhay Ahuja had granted Haasan leave under Clause XII of the Letters Patent to institute the suit before the High Court's Commercial Division, where only part of the cause of action was alleged to have arisen within the Court's territorial jurisdiction.

Tags: