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Synopsis

The Delhi High Court on Wednesday passed an interim John Doe order restraining social media channels, e-commerce websites and people at large from infringing on the personality rights of Bollywood Actor, Anil Kapoor.

Kapoor had moved the court seeking protection against the misuse of his personality rights through use of any technology including artificial intelligence, deepfakes, GIFs etc. He sought to restrain various entities, including John Does, from violating his personality rights by using his name, acronym ‘AK’, nicknames like 'Lakhan', 'Mr. India ', 'Majnu Bhai' and phrase ‘Jhakaas’ and his voice and images, without his permission for commercial gain.

Advocate Praveen Anand, appearing for Kapoor, submitted that the case involves use of generative AI, use of dark patters and also very interesting is how Jhakaas, said in the style of Anil Kapoor is being used. “We are seeking protection of name, image, and this Jhakaas dialogue. This is not fair use. People using money. Using technology people put Mahatma Gandhi with a gun, PM Modi as fat. They are poking fun. This technology is being used to show Mahatma Gandhi as a lady”, he submitted.

The counsel contended that there are publicly available facts. "Someone creates a AI model to generate images and this is done without consent. I am not asking for order on that. Someone puts expression Anil Kapoor as Mickey Mouse. That is wrong. Second, someone who propagates in on social media, internet, that is wrong. There are images of Anil Kapoor as Sridevi there are elements of tarnishment in that as well”, he submitted.

A single judge bench of Justice Prathiba M. Singh passed the "ex-parte interim order" against several websites and platforms on a lawsuit by the actor, alleging unauthorised exploitation of his personality and celebrity rights for commercial use.

The court noted that the plaintiff, a well know actor has filed the present suit seeking protection of his own name, image and various attributes of his personality and it’s his case is that he is one of the most celebrated and acclaimed successful actors in the industry who has appeared in over 100 films, TV shows and web series. He has also endorsed a large variety of products and services.

The single-judge bench further said, “According to plaintiff, he has won several prestigious awards. In the present suit, the plaintiff seeks protection of his personality and publicity rights as also elements associated with his personality such as his name, voice, image, photograph, likeness, manner of speaking, gestures, signatures etc”.

“According to the plaintiff, his voice is also of immense value as he has given Hindi dubbing for some of the most viewed films like Balu the Bear, he  has also provided voice for Karna in the Mahabharat 3D film. The plaintiff also claims that expression Jhakaas was popularised by him and as per press reports, the manner in which he delivers the dialogue is exclusively associated with him”, it added.

The court said, the rights claimed by him (Anil Kapoor) are personality rights, in voice, image and associated works, the common law rights including the right to be protected against passing off, dilution and unfair competition.

“Using his names, photographs on posters. Selling of suits under the name Anil Kapoor. Providing forged autographs, photographs. Creating images and videos of Anil Kapoor in a morphed manner using AI to produce images and videos which are extremely derogatory not only to plaintiff but also to actresses whose videos are being used to morph the plaintiff's videos”, the Judge opined.

The court further opined that fame for a person can come with its own disadvantages. “This case shows that the reputation and fame can transcend into damage for a person. While there can be no doubt that free speech about a person is protected in the form of writeup, news, satire, parody which is genuine. As also criticism which could be genuine”, it said.

“When the same crossed the line and results in tarnishment, blackening or results in jeopardising the individual's personality and elements associated with the said individual, the same would be illegal. There cannot be any justification for an unauthorised website or platform to mislead consumers in believing that they are permitted to bring the plaintiff as motivational speaker. Using of a person's name, voice, image or dialogue in an illegal manner that too for commercial purposes cannot be permitted”, the court said.

It further said, the celebrities' right to endorsement could in fact be a major source for livelihood which cannot be allowed by destroyed by permitting illegal merchandise.

The tools that are now available allow people to make use of plaintiff's persona by using AI. “The celebrity also enjoys right to privacy and does not wish that his image, voice, likeness is portrayed in dark manner as is being done on porn website”, it added.

Accordingly, the court ordered, “The plaintiff has made out a prima facie case for grant of interim injunction. Defendants no 1-16 are restrained from utilising his name, image, voice, likeliness or personality to make any merchandise, ringtones, or in any manner misuse the plaintiff's name, voice and other elements by using technological tools such as artificial intelligence, face morphing, GIFs, either for monetary gains or for creating any videos for commercial purpose so as to result in violation of plaintiff's rights. D-17, 19 and 20 (DMRs) are directed to immediately block and suspend the domains like Anilkapoor.com and others. The other unknown persons are also restrained from disseminating the videos. The links shall be taken down immediately by all ISPs. DOT/MEITY shall issue blocking order and other links which may upload pornographic videos”.

"DNRs shall inform the plaintiff (Anil Kapoor) about the registrants of the domain names. Plaintiff says he will like to take over the domain names, the same shall be done within 1 week ", the court has further ordered.

Case Title: Anil Kapoor vs. Simply Life India & Ors.