Delhi High Court Upholds Actor Arjun Kapoor’s Personality Rights, Orders Takedown of Infringing Content

The Delhi High Court has protected the personality and publicity rights of Bollywood actor Arjun Kapoor, issuing an ad-interim injunction against multiple entities for unauthorized exploitation of his identity. The court, presided over by Justice Tushar Rao Gedela, ruled that the actor had established a prima facie case and that no permission or license had been granted by him to any of the defendants for the use of his name, image, likeness, or persona.

Protection Against Unauthorized Exploitation

The High Court’s decision comes after Arjun Kapoor approached the court alleging widespread misuse of his identity across digital platforms. This misuse included the commercial exploitation of his image on merchandise such as T-shirts and mugs, as well as the circulation of AI-generated deepfake videos, some of which were sexually explicit and derogatory.

The court observed that entities employing AI tools to create sexually explicit and abhorrent content were demonstrably violating Kapoor’s personality or publicity rights. Justice Gedela noted that such content is vulgar and could cause irreparable damage to the actor’s image and public persona. Consequently, the court ordered the immediate takedown of all infringing content, including material generated through AI, and restrained identified defendants as well as unknown parties (John Does) from using Kapoor’s identity for any commercial or personal gain without authorization.

Distinction Between Defamation and General Content

During the proceedings, the court acknowledged that public figures are often subjected to a wide array of content online. Justice Gedela remarked that not all content featuring a public figure can be ordered for removal unless it is clearly defamatory or disparaging. The actor’s legal team argued that the material in question went beyond parody or satire, citing examples of AI-generated distortions such as Kapoor’s image being merged with an animal or depicted in a fabricated scenario selling street food. The court was informed that such content was fabricated and morphed visuals designed to exploit the actor’s public image for profit.

The court reiterated that while disparaging or defamatory content warrants removal, not all portrayals fall under this category. This distinction is crucial in balancing the protection of an individual’s rights with the broader principles of free expression and commentary, especially concerning public figures. The court emphasized that the defendants were willfully indulging in these infringing activities solely for unlawful financial gains, leading to unjust enrichment at the actor’s expense.

Precedent and Growing Trend of Personality Rights Cases

This ruling by the Delhi High Court is part of a growing trend where public figures are increasingly seeking legal recourse to safeguard their personality and publicity rights in the digital age. The court referenced previous cases where similar protections were granted to other public figures, including Jubin Nautiyal, Vivek Oberoi, Allu Arjun, Mohanlal, Sunil Gavaskar, and Karan Johar, underscoring the legal framework evolving to address these issues.

The High Court’s intervention highlights the judiciary’s growing concern over the misuse of artificial intelligence tools for creating deepfake content and reinforces the legal protections available for celebrity personality rights. The court directed intermediaries and digital platforms to cooperate in taking down infringing content and to disclose subscriber details of accounts involved in such violations, thereby strengthening the enforcement of these rights.