Delhi High Court Protects Actor Vijay Deverakonda's Personality Rights Against AI Deepfakes, Obscene Content
The Delhi High Court has passed an interim injunction order protecting actor Vijay Deverakonda's personality rights.
Justice Vikas Mahajan directed social media platforms to remove identified content misusing his identity, including AI-generated and morphed videos.
It also ordered the suspension of certain infringing websites and removal of unauthorised merchandise.
The Court observed that the actor's stature inherently grants him proprietary rights over his personality and associated attributes, including the exclusive right to commercially exploit them and protect them from unauthorised use by third parties.
It further observed that protection extends to offensive content that is abusive, vulgar or profane and tarnishes the actor's reputation, goodwill and brand value.
“The apprehension of dent and damage to the image and personality of the plaintiff, prima facie, appears to be real and present,” the Court observed while finding a strong prima facie case in his favour.
The suit was filed by Deverakonda against several entities, online platforms, intermediaries and unidentified persons, alleging unauthorised commercial exploitation of his name, image, voice and other distinctive personality attributes.
The actor alleged that fake social media accounts, impersonation profiles and websites were using his identity to falsely suggest an association with or endorsement by him.
He also complained of AI-generated and deepfake content, including videos depicting him in obscene and derogatory scenarios, as well as unauthorised merchandise and mobile applications using his photographs and name.
The Court directed the defendants, including unidentified persons described as John Does, to refrain from exploiting the actor's personality attributes without his consent or authorisation.
The restraint covers the use of his name, initials, voice recordings, signatures, fashion style, photographs, movie stills, performances and other attributes identifiable with him, including through artificial intelligence, generative AI, machine learning, deepfakes and face morphing.
It also directed Meta platforms, Google LLC and X (formerly Twitter) to remove, disable access to and permanently take down the identified infringing content from their respective platforms, including videos, reels, posts, accounts and channels.
The Court further directed online marketplaces to take down the specified URLs within 72 hours of receiving a copy of the order from the actor. It also asked domain name registrars to lock and suspend the identified domains within 72 hours.
However, the Court declined to grant an ex parte ad-interim injunction against the use of the colloquial name “Rowdy” on a passing-off claim at the ex parte ad-interim stage.
It observed that material would be required to establish that the expression had acquired distinctiveness and a secondary meaning exclusively associated with the actor.
The Court clarified that using AI-generated or morphed images of Deverakonda along with the expression “Rowdy” would nevertheless fall within the ambit of infringement of his personality rights.
”However, using the AI generated/Morphed image of the plaintiff along with the expression “Rowdy” will come within the ambit of violation of the personality rights of the plaintiff,” the Court said.
The matter will next be heard on February 02, 2027.