Delhi HC bars unauthorised use of Aishwarya Rai's photos, name, likeness

The Delhi High Court ordered Google and e-commerce sites to remove and block URLs misusing Aishwarya Rai's images within 72 hours and submit subscriber details to the court

The Delhi High Court on Thursday granted an interim injunction to actress Aishwarya Rai Bachchan, barring the unauthorised use of her name, photographs, and likeness, including misuse through artificial intelligence (AI), Bar and Bench reported. The order follows her plea for protection of her personality and publicity rights. 

“When the identity of a famous personality is used without their consent or authorisation, it may cause commercial detriment and impact their right to live with dignity,” the court observed. 

The actress, in her petition, sought to restrain unauthorised infringement of copyright, performer’s rights, misappropriation of personality/ publicity rights, and passing off by certain websites, companies, and unknown persons. 

The court was of the view that the plaintiff had made out a strong prima facie case, and that the balance of convenience lies in her favour. “The misuse of the plaintiff’s name, image, likeness and other elements of the plaintiff’s persona clearly constitutes infringement... and will inevitably cause confusion and create a perception of endorsement by the plaintiff,” the court said.   

Misuse includes AI-generated content

The court noted that Rai’s persona was being misused by multiple defendants using technological tools, including AI, deepfakes, and face morphing. “The said misuse is not only causing financial detriment to the plaintiff, but also leads to harming her dignity, reputation and goodwill,” the court added, as quoted by the news report. 

It further stated that the actress, as one of India’s most celebrated personalities and brand ambassadors, has amassed significant goodwill and reputation. Misuse of her image could confuse the public regarding endorsements and dilute her credibility.

Directions to platforms, authorities

The Delhi High Court has restrained defendants from violating Rai’s personality or publicity rights, moral rights, or passing off goods/ services as endorsed by her. This includes creating, sharing, or disseminating any content using AI, machine learning, or other technologies on any platform, the news report said. 

The court ordered Google LLC and e-commerce platforms to remove, disable, and block URLs identified in the petition within 72 hours. The Ministry of Electronics and Information Technology and the Department of Technology have been directed to issue necessary instructions to block such URLs. 

Additionally, Google and e-commerce websites must file, under sealed cover, all available Basic Subscriber Information.   

 

Fraudulent use of Aishwarya Rai’s identity

Aishwarya Rai had approached the court after a firm named ‘Aishwarya Nation Wealth’ used her photograph on its letterhead, falsely naming her as chairperson. Her lawyer, advocate Sandeep Sethi, said she never interacted with the firm. 

Sethi raised concerns about AI-generated intimate images circulating online. “It is shocking. Her morphed pictures are being used. It is all AI-generated. There are intimate photographs, completely unreal... Her image, her persona, her likeness is being used to satisfy someone’s sexual desire. He [defendant] is collecting money by putting my face and name,” he said.