Court Grants Interim Injunction to Stop Unauthorized Use of Actor's Persona in Digital Media
In a landmark decision, the Delhi High Court has granted an interim injunction to protect the personality rights of renowned actor and politician Ravindra Shukla, famously known as Ravi Kishan. The judgment, delivered by Justice Jyoti Singh, restrains unauthorized use of the actor's name, image, and likeness across digital platforms, particularly involving advanced technologies like Artificial Intelligence and Deepfakes.
Ravi Kishan, who has carved a niche in both the film industry and politics, filed a suit against various defendants, including major digital platforms and unnamed individuals. The suit seeks to protect his persona from unauthorized commercial exploitation and to prevent damage to his reputation through the use of vulgar and obscene content.
The court recognized the actor's significant contributions to the Indian film industry and his stature as a public figure, underscoring the commercial value attached to his persona. Justice Singh noted that the unauthorized use of Ravi Kishan's attributes has the potential to cause irreparable harm to his image and goodwill, warranting the urgent intervention of the court.
The interim order specifically restrains the defendants from using any facet of Ravi Kishan's personality, including his name, image, or likeness, for personal or commercial gain, through any medium or technology. This includes the burgeoning use of AI and Deepfake technologies, which have been employed to create misleading and damaging content.
The court also directed digital platforms such as Meta and Google to remove any infringing content within 72 hours upon notification by the plaintiff. This directive aims to curb the spread of unauthorized and harmful material that could tarnish the actor's image.
This decision marks a significant recognition of personality rights in the digital age, emphasizing the need for legal frameworks to adapt to technological advancements. The court's ruling not only protects the rights of Ravi Kishan but also sets a precedent for safeguarding the rights of other public figures against similar digital exploitation.
Bottom line:-
Personality Rights - Unauthorized use of a celebrity's name, image, and likeness for commercial or personal gain, including through advanced technologies like Artificial Intelligence and Deepfakes, constitutes a violation of personality/publicity rights. Interim injunction granted to restrain such violations.
Statutory provision(s): Civil Procedure Code, 1908 Order XXXIX Rules 1 and 2, Trade Marks Act, 1999, Copyright Act, 1957, Commercial Courts Act, 2015, Section 151 CPC.
Ravindra Shukla Alias Ravi Kishan v. Ashok Kumar (John Doe), (Delhi) : Law Finder Doc id # 2936463
