Court Orders Removal of AI-Generated Deepfakes and Unauthorized Content Exploiting Actress's Image and Identity
In a significant judgment by the Bombay High Court, Justice Madhav J. Jamdar has granted ad-interim relief to acclaimed actress Preity G. Zinta against unauthorized exploitation of her personality traits by digital platforms and AI technologies. The court has ordered the removal of infringing content, including AI-generated deepfakes and manipulated images, from platforms such as YouTube, Instagram, and Facebook, among others, within 72 hours.
The court recognized the violation of Zinta's rights to freedom of speech and expression, and the right to life and personal liberty under Articles 19(1)(a) and 21 of the Indian Constitution, respectively. Her moral rights, as protected under Section 38-B of the Copyright Act, 1957, were also deemed to be prejudicially affected.
The case centered around the unauthorized use of Zinta's name, image, voice, and likeness through AI technologies, deepfakes, chatbots, and digital content. The plaintiff argued that such misuse without her consent for commercial gain caused irreparable harm to her goodwill, reputation, and commercial interests.
The court's order includes a directive for digital intermediaries to take down infringing content identified by Zinta within a specified timeframe, emphasizing the obligations of intermediaries under Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
This judgment sets a precedent in safeguarding celebrity personality rights in the digital age, addressing the legal challenges posed by AI and digital content creation technologies. The court has also allowed for future legal recourse should further disputes arise.
Bottom line:-
Personality Rights and Publicity Rights - Plaintiff sought protection against the unauthorised use of her personality traits, such as name, image, voice, and likeness, through technologies like AI, deepfakes, and chatbots, which infringe her rights under the Constitution of India and the Copyright Act, 1957. Ad-interim relief granted.
Statutory provision(s): Constitution of India, 1950 Articles 19(1)(a), 21; Copyright Act, 1957 Section 38B; Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 Rule 3
Preity G. Zinta v. Google LLC, (Bombay) : Law Finder Doc id # 2937037
