High Court Shields Celebrities from AI Deepfakes and Digital Imitation

Published Date : 6/10/2025 

The Delhi High Court has set a precedent by granting relief to celebrities against the misuse of their name, voice, and likeness, especially in the face of AI-generated deepfakes and digital impersonation. 

In November 2022, the Delhi High Court set a new precedent by granting a blanket relief to actor Amitabh Bachchan against the misuse of his name, voice, and likeness. At the time, it appeared to be an isolated case, where the court recognized the urgent need to protect the veteran actor against “fake” Kaun Banega Crorepati scams that were using his voice.

Three years on, that order has now snowballed into a string of similar orders reshaping the judiciary’s response to digital impersonation, Artificial Intelligence (AI)-generated deepfakes, and the commercial exploitation of famous personalities.

The exponential rise of generative AI and deepfake tools in recent years has made it possible for any unauthorized user to use, produce, or imitate a celebrity’s persona. An extreme case of misuse was highlighted in Anil Kapoor’s case, where the actor complained to the court about fake obscene videos of him, along with other actresses, being circulated.

Justice Prathiba M. Singh, while dealing with Mr. Kapoor’s case, said, “The court cannot turn a blind eye to such misuse of a personality’s name and other elements of his persona.” “Fame can come with its own disadvantages. This case shows that reputation and fame can transcend into damaging various rights of a person, including his right to livelihood, right to privacy, right to live with dignity within a social structure, etc.,” Ms. Singh remarked.

More recently, in Sri Sri Ravi Shankar’s case, the stakes were even higher. Fake videos using his likeness were circulated on social media and rogue websites, falsely depicting him endorsing Ayurvedic instant cures for diabetes and haemorrhoids. His petition described the damage as “twofold” – undermining his credibility as a spiritual leader and misleading the public into believing false and potentially harmful medical claims.

Additionally, the court has also protected the personality and publicity rights of actors such as Aishwarya Rai Bachchan, Abhishek Bachchan, and Nagarjuna Akkineni, as well as filmmaker Karan Johar, in recent times.

With AI-linked threats to personality rights being a relatively recent phenomenon, laws in India are yet to be framed to regulate them. Ms. Tanu Banerjee, partner at Khaitan & Co., a corporate law firm, explained, “Personality rights in India are not yet codified in a single statute but are increasingly being recognized through judicial interpretation – drawing from the right to privacy, intellectual property, and unfair trade practices.”

What makes these cases remarkable is how the courts have stretched existing constitutional and intellectual property frameworks to protect individuals. In Aishwarya Rai Bachchan’s case, the Delhi High Court wrote, “Personality Rights of individuals, simply put, entail the right to control and protect the exploitation of one’s image, name, likeness or other attributes of the individuals’ personality, in addition to the commercial gains that can be derived from the same.”

In the 1994 landmark judgment of R. Rajagopal v. State of T.N., famously called the ‘Auto Shankar case’, the Supreme Court ruled against any form of misuse or commercial exploitation of a celebrity’s name. “A citizen has a right to safeguard the privacy of his own, his family, marriage, motherhood, child-bearing and education, among other matters. None can publish anything concerning the above matters without his consent, whether truthful or otherwise and whether laudatory or critical,” the top court ruled. “If he does so, he would be violating the right to privacy of the person concerned and would be liable in an action for damages,” it added.

The Delhi High Court has now adopted this principle for the digital era, where AI can clone a face or voice within minutes. A string of cases that have come before the HC have all involved personalities from the fields of acting or spirituality. While it is yet to be tested in court, Ms. Banerjee says, “even private individuals can seek protection against misuse of their likeness.” “Indian courts have also held that such rights can extend posthumously, typically vesting in the legal heirs or estate managers,” she added.

In Anil Kapoor’s case, the court observed that, “There can be no doubt that free speech in respect of a well-known person is protected in the form of right to information, news, satire, parody that is authentic, and also genuine criticism”. It, however, reminded that, “when the same crosses a line, and results in tarnishment, blackening or jeopardises the individual’s personality, or attributes associated with the said individual, it would be illegal”. 

Frequently Asked Questions (FAQS): 

Q: What is the main issue addressed by the Delhi High Court in these cases?

A: The main issue addressed is the misuse of celebrities' names, voices, and likenesses through AI-generated deepfakes and digital impersonation, which can lead to reputational damage and other legal issues.

Q: How has the Delhi High Court responded to these threats?

A: The Delhi High Court has granted relief to celebrities by recognizing their personality rights and protecting them against unauthorized use of their name, voice, and likeness.

Q: What are personality rights, and how are they protected in India?

A: Personality rights include the right to control and protect the exploitation of one’s image, name, likeness, or other attributes of their personality. In India, these rights are recognized through judicial interpretation, drawing from the right to privacy, intellectual property, and unfair trade practices.

Q: Can private individuals seek protection against misuse of their likeness?

A: Yes, private individuals can seek protection against misuse of their likeness. Indian courts have also held that such rights can extend posthumously, typically vesting in legal heirs or estate managers.

Q: What is the balance between free speech and protecting celebrity rights?

A: While free speech is protected, it must not result in tarnishing or blackening an individual’s personality. When free speech crosses this line, it becomes illegal and can be actionable. 

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