Delhi HC protects actor Sonakshi Sinha’s personality rights

The Delhi High Court has protected the personality rights of Bollywood actor Sonakshi Sinha by restraining several platforms, including AI chatbots, from unauthorised use of her image, voice or any other attributes of her persona.

Justice Jyoti Singh also restrained the sale of merchandise using her name or image without consent and encashing her goodwill and reputation.

The court directed the infringing parties to take down weblinks within 36 hours.

In an interim order passed on March 20 on a lawsuit by Ms. Sinha, the court said the actor has the right to protect her name, likeness and all other attributes of her personality.

No third party has the right to use these attributes without her consent or authorisation, the court noted.

The actor said two U.S.-based platforms had deployed multiple chatbots that impersonated her and generated lewd and obscene content.

Certain other entities, including unknown ones, were using her name, likeness, image, voice, etc. for unauthorised commercial and impermissible non-commercial purposes by falsely associating with and endorsing the actor, she said.

In the order, the court stated it was its prima facie view that the defendants unlawfully and illegally exploited and used various elements of Ms. Sinha’s persona for unlawful and unjustified commercial gains, without her consent.

It further stated that hosting images with inappropriate clothing and obscene content using AI tools caused irreparable damage to her reputation, and the unauthorised use of her name for selling inferior quality goods could also harm her goodwill and reputation.

The court stated that a celebrity’s right of endorsement is a major source of livelihood that cannot be destroyed by permitting unlawful dissemination, such as the sale of merchandise or other articles, bearing the faces or other attributes of their persona, without their lawful authorisation.

“Defendants No. 1 to 17, including John Does, are restrained from using and/or in any manner directly or indirectly, exploiting or misappropriating Plaintiff’s: (i) name Sonakshi Sinha; (ii) image; (iii) voice; and (iv) likeness and/or any other attribute of her persona, without her authorisation or consent, for any commercial and/or personal gain, through the use of technology, including but not limited to Artificial Intelligence, Generative Artificial Intelligence, Machine Learning, Deepfakes, AI Chatbots, Face Morphing and/or any other mediums and formats, amounting to violation of Plaintiff’s personality/publicity rights,” the court ordered.

“Defendants are also restrained from selling their merchandise and/or other articles using the elements and attributes of Plaintiff’s persona, which are exclusively identified with her and/or from passing off their goods by encashing on the goodwill and reputation of the Plaintiff and misrepresenting to the public,” the court further said.