Platforms Directed to Remove Infringing Content; Injunction Issued to Protect Celebrity Rights
In a landmark judgment, the Delhi High Court, presided by Ms. Jyoti Singh, J., has granted interim relief to renowned Indian cricketer Abhishek Sharma, protecting his personality rights against unauthorized exploitation by various online platforms and entities. The judgment, dated July 9, 2026, addresses the misuse of Sharma's name, image, voice, and likeness without his consent, which has been deemed a violation of his personality/publicity rights.
The court recognized the urgency of the matter, exempting Sharma from the Pre-Institution Mediation requirement under Section 12-A of the Commercial Courts Act, 2015, and from issuing mandatory notices to government entities under Section 80(1) of the Civil Procedure Code (CPC), 1908. The decision emphasizes the need to safeguard celebrities from reputational harm and unauthorized commercial gain by others.
Sharma, who has an impressive cricketing career, including leading India to victory in international tournaments, has seen his persona unlawfully exploited across social media platforms and e-commerce websites. The judgment identifies numerous defendants, including social media profiles and e-commerce entities, engaged in disseminating AI-generated content that falsely portrays the cricketer, lowering his dignity and commercial value.
The court has issued an ex parte ad interim injunction, restraining defendants from using Sharma's persona attributes without consent for commercial or personal gain. Social media platforms like Meta, which owns Instagram and Facebook, along with Amazon and Flipkart, have been directed to remove infringing content within 36 hours of receiving the order. This judgment underscores the court's commitment to protecting celebrity rights amidst the growing influence of digital platforms.
The court's decision draws upon precedents where personality rights have been recognized, reinforcing that unauthorized commercial use of a person's distinctive attributes constitutes an infringement. The judgment also highlights the importance of maintaining a balance of convenience, noting that Sharma is likely to suffer irreparable harm if interim relief is not granted.
Bottom line:-
Personality Rights - Unauthorized use of a celebrity's name, image, voice, and likeness without consent constitutes a violation of personality/publicity rights and leads to reputational harm and unearned commercial gain by others.
Statutory provision(s): Commercial Courts Act, 2015 Section 12-A, Code of Civil Procedure, 1908 Section 151, Civil Procedure Code, 1908 Sections 80(1), 80(2), Civil Procedure Code, 1908 Order XXXIX Rules 1 and 2
Abhishek Sharma v. Ashok Kumar, (Delhi) : Law Finder Doc id # 2939826
