Delhi HC protects Aishwarya Rai's personality rights, bars websites from using name, image

New Delhi, Sep 11 (PTI) The Delhi High Court has protected the personality rights of Bollywood actor Aishwarya Rai Bachchan, barring online platforms from illegally using her name, images for commercial gain.

The high court said when the identity of a famous personality is used without their consent or authorisation, it may not only lead to commercial detriment to the individual concerned but also impact their right to live with dignity.

"The courts in such cases of unauthorised exploitation of one's personality rights, cannot turn a blind-eye to the same and shall protect the aggrieved parties so as to avert any harm to them resulting from the said unauthorised exploitation," Justice Tejas Karia said in an order passed on September 9 and made available on Thursday.

The high court said Rai has established a prima facie case for the grant of an ex-parte injunction.

"Balance of convenience lies in favour of the plaintiff and if an injunction is not granted in the present case, it will lead to an irreparable loss/harm to the plaintiff and her family, not only financially, but also with respect to her right to live with dignity," it said.

The court passed the interim order on a plea by Rai seeking to protect her personality rights and restrain online platforms from illegally using her name, images and AI-generated pornographic content.

The suit relates to misappropriation of various aspects of her personality, including her name, image, likeness, persona and voice, and the defendants are using them for their own commercial gain without obtaining her consent.

The right to publicity, popularly known as personality rights, is the right to protect, control, and profit from one's image, name, or likeness.

The different aspects of Rai's personality which she sought to be protected include her name, voice, image, unique style of dialogue delivery and signature.

The suit has arrayed as defendants, websites like aishwaryaworld.com, apkpure.com, bollywoodteeshop.com, kashcollectiveco.com which unauthorisedly sells products with name and photograph of the actor.

Further, the plea has arrayed as defendants e-commerce platform Etsy, organisation 'Aishwarya Nation Wealth Motivational Speaker, chatbot with AI characters www.jainatorai.com , YouTube channel @NewNWSTamil, @Bollywood_CinemaTV07, Google LLC, Union Ministry of Electronics and Information Technology and Department of Telecommunications. PTI SKV SKV AMK AMK