Court Recognizes Fundamental Right to Privacy Under Article 21, Orders Removal of Infringing AI-Enabled Content and Restrains Commercial Exploitation Without Consent
In a landmark interim order dated November 5, 2026, the Bombay High Court has granted significant relief to renowned Bollywood actor Ananya Suyash Panday, professionally known as Ananya Panday, in a case involving infringement of her personality rights, publicity rights, performer's rights, and right to privacy. The suit was filed by the actor against multiple defendants, including e-commerce platforms, social media intermediaries, domain registrars, and unidentified entities, who were allegedly engaged in unauthorized commercial exploitation and dissemination of AI-generated and manipulated content featuring the plaintiff's personality attributes.
The Plaintiff, who has been a prominent figure in the Indian entertainment industry since 2019, claimed that her name, image, voice, likeness, signature, performance style, and other distinctive personal attributes were being used without her authorization. The unauthorized usage included false representations of authority to procure her professional engagements, sale of products bearing her likeness, and the creation of AI-enabled chatbots and deepfake content portraying her in objectionable and defamatory manners. The plaintiff emphasized the grave prejudice caused to her reputation and goodwill and sought immediate judicial intervention.
The Court acknowledged that the plaintiff's personality rights and right to privacy are fundamental rights protected under Article 21 of the Constitution of India. It further recognized the plaintiff's performer's rights under Sections 38, 38A, and 38B of the Copyright Act, 1957, which protect performers against unauthorized use and modification of their performances. The Court also highlighted the obligations imposed on intermediaries under Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require platforms to take reasonable steps to prevent unlawful content from being hosted or disseminated.
In the detailed order, the Court granted ad-interim injunction restraining defendants and their associates from using, reproducing, or exploiting the plaintiff's personality attributes directly or through AI technologies, including AI-enabled chatbots and digitally manipulated content. The Court also directed e-commerce intermediaries to remove unauthorized listings of products bearing the plaintiff's personality attributes and social media platforms to disable access to infringing content. Furthermore, domain registrars were ordered to lock or suspend domains hosting AI chatbots that falsely represent the plaintiff.
The Court's directions extended to government bodies, including the Ministry of Electronics and Information Technology and the Department of Telecommunications, to take necessary steps to block websites hosting digitally manipulated pornographic and sexually explicit content involving the plaintiff. The Court also permitted the plaintiff to notify and seek removal of any additional infringing content in the future without initiating fresh proceedings.
This order is a significant judicial recognition of the challenges posed by unauthorized AI-generated content and commercial exploitation in the digital age, reinforcing the protection of fundamental rights of public figures. It underscores the responsibility of intermediaries and regulatory authorities to act promptly against violations and safeguards the personal dignity and privacy of individuals against technological misuse.
The matter is scheduled for further hearing on December 17, 2026.
Bottom Line:
Personality rights, publicity rights, and right to privacy of a public figure are protected under Article 21 of the Constitution of India, and their infringement by unauthorized commercial exploitation or AI-generated content is actionable.
Statutory provision(s):
Article 21 of the Constitution of India, Sections 38, 38A, 38B of the Copyright Act, 1957, Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Ananya Suyash Panday v. Fankaar Live Experiences Pvt. Ltd., (Bombay) : Law Finder Doc Id # 3017462
