Context:

Bombay High Court has issued two recent interim orders protecting veteran singer Asha Bhosle and actor Suniel Shetty from unauthorized use of their images, voices, likenesses, and other personal attributes, particularly in AI‑generated content, deepfakes, and social media platforms. These orders restrain web portals, social media intermediaries, and other entities from misusing or exploiting these personalities’ identities without consent.

Background:

The 91‑year‑old playback legend approached the Bombay High Court seeking ad‑interim protection against platforms that allegedly used AI voice cloning, manipulated her vocal style, images, merchandise featuring her likeness, and allowed impersonations without authorization.

Suniel Shetty’s Case
Shetty sought the Court’s intervention against alleged deepfake images, impersonation, misuse of his photograph and name in commercial endorsements, and false claims of endorsements on real estate, gambling, and astrology websites using his likeness.

Observations by Court:

The Court made several significant observations:

·         Prima facie infringement: Unauthorized AI-based cloning of voice or misuse of image, likeness, or persona (e.g. Asha Bhosle’s voice, Suniel Shetty’s image) was held to prima facie violate personality and publicity rights.

·         Irreparable harm: The Court held that such misuse can irreparably damage a celebrity's reputation, goodwill, and dignity, justifying urgent relief — including ex parte (without hearing the other side) injunctions.

·         Scope of injunctions: Defendants were restrained from using any element of the celebrity's identity (voice, mannerisms, persona, etc.) for commercial or personal gain without consent.

·         Platform accountability: Social media platforms, websites, and intermediaries were directed to remove infringing content, block access, and share logs/data to help trace offenders.

·         Recognition of moral rights: The Court also acknowledged the overlap with copyright law, particularly moral rights under Section 38B of the Copyright Act, enhancing protection for artists beyond traditional IP.

About Personality rights:

Personality rights protect individuals from the unauthorized use of their identity, including name, image, voice, likeness, or distinct traits—especially for commercial or malicious purposes. These rights are crucial for celebrities and public figures, though not limited to them.

In India, there is no standalone statute for personality rights. Instead, protection comes from:

·         Article 21 of the Constitution (Right to Privacy)

·         Article 19(1)(a) (Freedom of Speech – balanced against misuse)

·         Judicial precedents (e.g., Amitabh Bachchan and Rajinikanth cases)

·         Intellectual Property laws, including:

o    Trademarks Act, 1999 (Section 14)

o    Copyright Act, 1957 (Section 38 – Performer’s Rights)

o    Tort of passing off (to stop false endorsements)

Indian courts have actively protected these rights, issuing injunctions to block unauthorized use, including against AI-generated content and deepfakes.

Conclusion

The Bombay High Court's decision to protect Asha Bhosle and Suniel Shetty's personality rights marks a significant step in safeguarding celebrities' rights in the digital era. By recognizing the unauthorized use of AI-generated content as a violation of personality rights, the court has set a crucial precedent for future cases.