Delhi High Court blocks AI deepfakes of actress Kriti Sanon

Interim relief for the actress

The Delhi High Court has granted interim relief to actress Kriti Sanon by restraining various websites, social media accounts, and AI platforms from exploiting her identity. The court specifically targeted the creation and circulation of sexually explicit deepfakes, as well as any content that falsely suggests an association with the actress.

Justice Purushaindra Kumar Kaurav issued the order following a plea from Sanon regarding the widespread misuse of her name, image, and voice. The actress reported that unidentified individuals were using her likeness to offer fake appearance bookings and were hosting morphed images and videos of her in obscene settings.

The court's order requires the immediate removal of URLs containing objectionable materials. It also directed the relevant authorities to issue blocking directions to websites that host pornographic deepfakes involving the actress.

Scope of the court's order

The legal protections granted to Sanon are broad, covering a variety of synthetic media and commercial products. The court restrained the uploading, hosting, or generation of material that impersonates her or falsely represents a connection to her. This includes AI-generated images, videos, and audio models presented as the actress.

Beyond visual and audio content, the order specifically mentions AI chatbots and merchandise. The court wants to prevent the sale of products that bear her pictures without authorization. These measures aim to stop the multiplication of content created using artificial intelligence tools that depict her in compromising ways.

However, the court clarified that this protection is not absolute. The order does not restrain legitimate forms of expression such as news, reviews, criticism, commentary, satire, parody, caricature, or fan expressions. These activities remain permitted under the current interim arrangement.

Defining personality rights

The court noted that the plea raised fundamental questions about what constitutes 'personality rights.' The judge explained that this is not a single cause of action but a description of several distinct legal claims. These include the right of publicity, passing off, the right of privacy, defamation, and rights under the Trade Marks Act, 1999 and the Copyright Act, 1957.

A key distinction was made between personal interests and commercial interests. The court observed that privacy, dignity, and reputation are personal interests that cannot be assigned to others and end with the individual. In contrast, the right of publicity protects the commercial value of an identity, which can be licensed for various uses.

The judge also noted that the mere use of a person's identity is not inherently unlawful. Fame is not a requirement for these rights; rather, the rights depend on whether an identity has commercial value and the specific loss caused by its misuse. The court emphasized that plaintiffs must indicate specific claims for specific defendants rather than seeking one broad injunction for all issues.

Legal hurdles and next steps

Senior advocate Pravin Anand, representing the actress, argued that the objectionable content was multiplying daily due to the accessibility of AI tools. He requested relief specifically to protect her right to publicity and privacy from being violated by these synthetic technologies. The court acknowledged these concerns while noting that the current observations are only for the interim period.

Because the case involves complex legal questions regarding the root of personality rights, the court will need to hear from the defendants before making a final ruling. The matter is scheduled to be heard again on December 10 to determine the long-term status of these protections.

The case highlights the growing tension between generative AI capabilities and individual protections. As platforms continue to make it easier to generate synthetic media, the judiciary is being forced to define the boundaries of identity ownership in a digital space where likeness can be replicated instantly.