In July, Aishwarya Rai Bachchan came across AI-generated deepfake videos on YouTube that superimposed her face onto sexually explicit content. Later, in August, she found that an organisation had been created in her name and was seeking her endorsement. When her lawyers sent a ceaseand-desist notice, the organiser responded with a letter requesting a meeting. These two incidents are among several cited by Aishwarya Rai Bachchan’s lawyers in their petition to the Delhi High Court, requesting protection of her celebrity rights. The suit was filed against websites such as aishwaryaworld.com, apkpure. com, bollywoodteeshop.com, and kashcollectiveco.com, which allegedly sell products with her name and photograph without authorisation. Justice Tejas Karia verbally indicated that he would pass an interim order in the case.The lawyers have argued that the rise of artificial intelligence, deepfake technology, and unregulated online platforms is increasingly weaponising celebrity identities for commercial gain.Lawyers say that both the lawsuits argue that “an individual’s persona – their name, image, likeness, voice, and signature – is proprietary to that person.” “Indian courts have recognised celebrity personality rights, as they are commercial assets capable of generating goodwill and licensing opportunities,” say lawyers Ameet Naik and Pravin Anand.What does Aishwarya Rai Bachchan’s petition state“Over the many years, the plaintiff (Aishwarya) has built a brand of herself, wherein the public associates both ‘trust’ and ‘quality’ with the Plaintiff as also with every brand that the Plaintiff endorses. On account of the following above-mentioned factors, the Plaintiff is a person with a celebrity status and thus has ‘Personality / Publicity / Celebrity Rights’ over all facets of her personality. The Plaintiff also enjoys moral rights in her performances and accordingly the Plaintiff is entitled to prevent the distortion of such performance(s).”What happenedA suit was filed on behalf of Abhishek Bachchan in the Delhi High Court, seeking enforcement and protection of his personality rights against unauthorised commercial exploitation by both identified and unidentified defendants. The court has now signalled it will pass an injunction, with infringing links ordered to be taken down. This comes a day after the court signalled its intent to issue injunctions in Aishwarya’s plea seeking the same. The suit highlights instances of misuse of Abhishek’s images by unauthorised sellers, selling T-shirts, stickers with his face and name and posters bearing a fake signature, merchandise with fake autographs. The suit also points to YouTube channels using AI and deepfake to generate frivolous, defamatory, sexually explicit, and objectionable videos featuring his image or look alike. Both suits are filed by Ameet Naik and Pravin Anand of Anand & Naik.What do courts say?“Using a person’s names, voice, dialogue, image in an illegal manner that too for commercial purposes cannot be permitted.The celebrities’ rights of endorsement could be a major source of livelihood for the celebrity which can’t be completely destroyed by way of selling merchandise etc,” Delhi HC had said in Anil Kapoor’s case.What are personality rightsPersonality rights are the right of a person to protect his/her personality under the right to privacy or property.Name, nickname, images, voice or any identifiable personal property comes under it
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