Delhi High Court Protects Actor And BJP MP Kangana Ranaut's Personality Rights Against AI Deepfakes, False Quotes
The Delhi High Court has restrained the unauthorised use of actor and BJP MP Kangana Ranaut's name, image, voice and other personality attributes, including through AI-generated deepfakes, manipulated videos, fabricated speeches and false endorsements.
Justice Vikas Mahajan passed the interim order directing Meta Platforms to remove and permanently take down the allegedly infringing content identified by Ranaut.
The Court also directed the Union Ministry of Electronics and Information Technology and the Department of Telecommunications to issue necessary directions to internet and telecom service providers to block access to the identified infringing websites within the same period.
The Court observed that Ranaut's stature inherently grants her proprietary rights over her personality and associated attributes, including the exclusive right to use them for commercial purposes and to protect them against unauthorised use or exploitation.
“This further includes protection to the plaintiff against such instances of the impugned content, involving AI-generated/morphed, sexual, and explicit deepfakes,” the Court said.
The order came on a suit filed by Ranaut alleging that various social media platforms and websites were circulating fabricated statements, manipulated videos, morphed images and AI-generated content falsely depicting her.
According to the suit, certain digitally manipulated images and videos portrayed her in inappropriate situations, while other content falsely attributed statements and opinions to her or depicted her participating in activities that had never occurred.
The actor submitted that such content infringed her personality and publicity rights, right to identity and right to dignity, besides being capable of misleading the public and damaging her reputation.
After examining the material placed on record, the Court observed that the identified content included ex facie obscene, morphed and AI-generated sexually explicit material which had not been authorised by Ranaut. It held that such content was liable to be taken down.
The Court also noted that protection extended to manipulated audio-visual material and AI-generated content falsely portraying Ranaut as making statements, expressing opinions or participating in activities that never occurred in reality.
“Such content is inherently deceptive and is capable of misleading ordinary viewers into believing the same to be genuine. This misrepresentation and misinformation which is being carried out, becomes a more serious concern when used, involving a person such as plaintiff by using her image and current designation along with the insertion of a false quote/false statements,” the Court said.
The Court found that Ranaut had made out a prima facie strong case and that the balance of convenience was in her favour.
It observed that, in the absence of an interim injunction, the apprehended damage to her image and personality appeared real and immediate, and the resulting loss might not be adequately compensated in monetary terms.
Accordingly, the Court restrained the defendants, including unidentified persons, from creating, publishing, reproducing, disseminating, hosting or otherwise exploiting Ranaut's personality attributes without her authorisation.
The Court also restrained creation and circulation of AI-generated content, deepfakes, synthetic media, manipulated videos and audio recordings, fabricated speeches, false endorsements and impersonation content depicting or purporting to depict her.
The defendants were also restrained from creating or operating accounts, pages, profiles, channels, websites or other digital assets falsely suggesting any association, affiliation, endorsement or authorisation by Ranaut.