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Delhi HC grants injunction in favour of Ravi Kishan in personality rights case

New Delhi, July 6 (IANS) The Delhi High Court has granted an ex parte ad-interim injunction in favour of actor and BJP MP, Ravi Kishan, restraining multiple entities from unauthorised commercial exploitation of his name, image, voice and other personality attributes, including through Artificial Intelligence (AI), deepfake technology and other digital tools.

A single-judge Bench of Justice Jyoti Singh passed the interim order in a commercial suit filed by Ravi Kishan alias Ravindra Shukla against several defendants, including social media accounts, websites, domain name registrars, intermediaries and unidentified “John Doe” entities allegedly involved in the unauthorised use of his persona.

The suit alleged widespread misuse of the actor-politician’s personality and publicity rights through AI-generated content, vulgar and obscene videos, fabricated statements circulated on social media, unauthorised commercial exploitation of his identity, and pornographic content falsely associated with him.

It also alleged that several websites were using Ravi Kishan’s name in relation to sexually explicit and pornographic material, while social media accounts had uploaded fabricated and offensive content that tarnished his image and reputation.

In its order, the Delhi High Court observed that Ravi Kishan is a renowned actor with an illustrious career spanning over three decades and has also earned recognition as a public representative, enjoying substantial goodwill, reputation and commercial value.

Justice Singh recorded that the plaintiff has starred in over 750 films across multiple languages and that his commercial identity is intrinsically linked with his name, image, likeness, voice, signature catchphrases and other distinctive personality attributes, which constitute valuable personality and publicity rights.

“Plaintiff has made out a prima facie case for grant of ex parte ad-interim injunction. Balance of convenience lies in favour of the Plaintiff and he is likely to suffer irreparable harm in case interim injunction is not granted,” the Delhi High Court said.

It further observed that Ravi Kishan has the exclusive right to protect the various attributes of his personality and restrain third parties from using or commercially exploiting them without his express permission.

“As rightly flagged by the Plaintiff, he has the exclusive right to protect the various attributes of his personality such as name, image, voice, likeness and restrain third parties from using and commercially exploiting these attributes without his express permission and authority,” the order said.

Justice Singh observed that personality rights are now judicially recognised and deserve legal protection, particularly where unauthorised use results in commercial detriment, invasion of privacy and injury to a person’s dignity.

“Plaintiff is thus entitled to complain against any content which violates his personality rights and/or is vulgar or obscene or has sexually explicit or pornographic content and tarnishes his image, goodwill and reputation in the public and amongst family and friends and seek protection as well as action against the wrongdoers,” the order said.

Accordingly, the Delhi High Court restrained the defendants and all others acting on their behalf from using or exploiting Ravi Kishan’s name, image, likeness or any other identifiable aspect of his persona for commercial or personal gain through any technology, including Artificial Intelligence, Generative Artificial Intelligence, Machine Learning and deepfakes, across physical, virtual and social media platforms.

It also restrained the defendants from posting any audio-visual, vulgar, obscene or pornographic content using any of the actor’s personality attributes through AI or other technologies.

Directing immediate remedial action, the Delhi High Court ordered the identified defendants and domain name registrars to take down the infringing URLs listed in the order within three days of receiving a copy of the order.

It further directed intermediaries, including Meta, Google and X Corp., to remove the identified content within 72 hours upon being notified by the plaintiff if the concerned defendants failed to comply.

The matter has been listed before the Joint Registrar on August 13 for completion of pleadings and before the Delhi High Court on October 16 for further hearing.

The Ravi Kishan case adds to a growing list of high-profile personalities invoking their personality and publicity rights before the Delhi High Court.

In recent months, former cricketer and current head coach Gautam Gambhir, former India captain Sunil Gavaskar, spiritual leader Sri Sri Ravi Shankar, actors Arjun Kapoor, Allu Arjun, Nagarjuna, Varun Dhawan, Kajol, Aishwarya Rai Bachchan and Abhishek Bachchan, singer Jubin Nautiyal, filmmaker Karan Johar, podcaster Raj Shamani, and Congress MP Shashi Tharoor have secured or sought court protection against the unauthorised use of their identity, likeness, or AI-generated imitations.

–IANS

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Indian Abroad Newsdesk
Indian Abroad Newsdeskhttps://www.indianabroad.news
Indian Abroad is a news channel and fortnightly newspaper meant for Australia’s Indian community and, besides news, focuses on lifestyle subjects like health, travel, culture, arts, beauty, fashion, entertainment, Bollywood, etc. Our YouTube channel here features daily news bulletins besides infotainment videos on lifestyle subjects.

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