The Delhi High Court, in an order dated 20 September 2023, granted a sweeping ex-parte injunction protecting the personality rights of actor Anil Kapoor against unauthorized commercial exploitation of his name, image, likeness, voice, and persona. Justice Prathiba M. Singh restrained 16 named defendants and the world at large from using any aspect of Kapoor's identity — including through artificial intelligence tools, deepfakes, and face-morphing technology — for commercial purposes without his consent.
Background
The suit was filed after Kapoor discovered widespread unauthorized use of his identity across the internet. Defendants had deployed generative AI tools to create deepfake videos morphing Kapoor's likeness onto other public figures. His name, image, and iconic dialogue delivery were being used without authorization to sell merchandise, promote motivational courses through fabricated endorsements, and as downloadable ringtones. Dark web platforms were also identified as sources of unauthorized AI-generated content using his likeness.
The legal question of personality rights — the right of an individual to control the commercial use of their identity — has developed through judicial precedent in India without specific statutory codification. Courts have grounded these rights in Article 21 (right to dignity and privacy), the Copyright Act, and common law principles of passing off and unfair competition.
Key Holdings
Justice Singh issued the following directions:
Comprehensive persona protection: The order covers Kapoor's name, likeness, image, voice, mannerisms, gestures, and any other attribute uniquely associated with his personality. This is among the broadest personality rights orders issued by an Indian court.
AI-specific restraint: The Court specifically restrained the use of artificial intelligence tools, including deepfake technology, face-morphing applications, and generative AI platforms, to create or distribute content depicting Kapoor without his consent. This represents one of the first Indian judicial orders directly addressing AI-generated personality infringement.
Worldwide injunction: The injunction operates against both named defendants and unknown parties, requiring internet service providers and social media platforms to take down infringing content upon notice.
Commercial exploitation prohibited: All forms of commercial exploitation — merchandise bearing his image, false celebrity endorsements, use of dialogue clips as ringtones, and AI-generated avatars for promotional purposes — were restrained.
Right of publicity affirmed: The Court reaffirmed that personality rights derive from the constitutional right to privacy and dignity under Article 21, and that individuals have a proprietary interest in the commercial value of their identity.
Implications for Practitioners
This order marks a significant expansion of personality rights jurisprudence in India and is the first major judicial intervention addressing AI-generated infringements of celebrity persona. Entertainment lawyers and IP practitioners now have clear judicial authority for seeking omnibus injunctions covering AI-generated content alongside traditional forms of personality misappropriation.
For technology companies and platform operators, the order signals that Indian courts will not treat AI-generated content differently from conventional infringement when it involves unauthorized use of a real person's identity. Platforms hosting user-generated AI content should implement takedown mechanisms for personality rights complaints.
The absence of a dedicated statute on personality rights means the legal framework continues to depend on judicial evolution. Practitioners advising public figures should consider proactive monitoring of AI platforms and dark web sources, given the ease with which generative AI can now reproduce a person's likeness with minimal input data. The Kapoor order provides a template for future injunction applications, particularly its explicit coverage of AI tools and its worldwide scope.