Delhi High Court Protects Cricketer Abhishek Sharma's Personality Rights, Orders Takedown Of Deepfakes And Unauthorized Merchandise
The Delhi High Court has protected the personality rights of Indian cricketer Abhishek Sharma restraining several social media accounts, online sellers and e-commerce platforms from using his name, image, voice, likeness and other personality attributes without his consent.
Justice Jyoti Singh passed the sentence interim order in a suit filed by Sharma alleging widespread misuse of his persona through AI-generated images, morphed content, deepfakes, false videos and unauthorized sale of merchandise bearing his name and likeness.
The Court observed that the cricketer had established a prima facie case for grant of an ex parte ad interim injunction and held that the balance of convenience lay in his favour.
The Court added that denial of interim protection would cause irreparable harm to his reputation and commercial interests.
According to Sharma, several Facebook and Instagram accounts were circulating AI-generated and morphed images depicting Sharma in fabricated and obscene scenarios, while other accounts uploaded videos containing false statements and rumours affecting his reputation.
The suit also alleged that several merchants were selling T-shirts, jerseys, posters, photo frames and other merchandise featuring Sharma's name and likeness without authorization, misleading consumers into believing that the products were endorsed by him.
The Court noted that Sharma, who has represented India in international cricket and enjoys significant public recognition, has acquired valuable personality and publicity rights through his sporting achievements and endorsements.
It observed that no third party can commercially exploit his name, image or other distinctive attributes without his consent.
Justice Singh restrained the defendants from creating, publishing, uploading or disseminating any AI-generated, deepfake, face-swapped, morphed or otherwise manipulated content featuring Sharma, as well as from using his name, image, voice, likeness or other personality attributes for commercial or personal gain without authorization.
The Court also restrained the online sellers from manufacturing, advertising or selling merchandise bearing Sharma's personality attributes without his consent.
It directed Meta, Amazon, Flipkart and the concerned sellers to remove the URLs within 36 hours of receiving a copy of the order.
Title: ABHISHEK SHARMA v. ASHOK KUMAR & ORS