Akshay Kumar's personality rights: Realistic nature of deepfakes alarming, says HC

Mumbai: The Bombay High Court has termed as alarming the realistic nature of deepfake images and videos and granted interim protection to actor Akshay Kumar over his personality rights.

A bench of Justice Arif Doctor in the order passed on Wednesday termed as "truly alarming" the realistic nature of the deepfake images and videos that are being created using artificial intelligence. The order was made available on Thursday.

"Both in the context of images and videos, the morphing is so sophisticated and deceptive that it is virtually impossible to discern that the same are not genuine images/videos of the plaintiff (Kumar)," HC said.

Akshay Kumar had filed a suit in HC against websites and social media platforms misusing his photographs, videos and name without authority.

In an interim application, the actor sought removal of all such content and an injunction from future use.

In its order, the court said the deepfake video of the actor making communally inflammatory statements and statements about Rishi Valmiki is deeply concerning.

"The consequences that can arise from such content being disseminated are indeed most grave and serious," the order said.

The court noted that apart from violating and affecting the actor's personality and moral rights, such videos also pose a grave threat to the safety and well-being of the family members and can also have an adverse and widespread impact on society and public order, which clearly appears to be the agenda of those who create such content.

"Hence, such content needs to be removed from the public domain immediately, not only in the interest of the plaintiff but also in the larger public interest," HC said.

The court added that Kumar being a renowned actor has rights over his personality including his name, screen name, image, voice, tone and distinctive performance.

The court said a case was made out to grant interim protection and restrained people from infringing upon the actor's personality rights and/ or misusing the same without permission.

The bench ordered for removal of all such content from social media platforms and restrained posting of any such content in future.

Kumar in his plea had sought protection of his personality rights amid the rise of deepfake videos, stating that such content has not only damaged his reputation, but also has huge consequences.

The petition sought to restrain the ongoing infringement and unauthorised commercial exploitation of his personality and publicity rights, including his real name, screen name "Akshay Kumar," image, likeness, voice, distinctive performance style, mannerisms and other identifiable attributes.

It pointed to large-scale misuse of the actor's persona through AI-generated and deepfake images and videos, counterfeit merchandise, deceptive advertisements, false brand endorsements, and impersonating social media profiles on platforms such as YouTube, Facebook, Instagram, X (formerly Twitter), and various e-commerce websites.

"These acts cause grave and irreparable harm to the plaintiff's goodwill and reputation, dilute his personality and publicity rights, mislead the public, and amount to passing off, unfair competition, and unjust enrichment," the suit stated.

The actor's plea came days after the court passed interim orders granting relief to veteran singer Asha Bhosle and actor Suniel Shetty, who had sought similar relief.