The Delhi High Court has granted an ex-parte interim injunction protecting Bollywood star Tabu from unauthorised use of her name, image, voice, photographs and other personality attributes, including through Artificial Intelligence, deepfakes, face morphing and other digital technologies.
Justice Jyoti Singh, who heard a petition filed by Tabu, directed major digital platforms including Google, Meta, X and Reddit to remove or disable access to a large number of URLs allegedly carrying unauthorised and objectionable content relating to Tabu.
The Court further ordered certain platforms and domain service providers to disclose Basic Subscriber Information and IP log details connected with the accounts or content.
The Court's order came on Tabu's suit seeking protection of her personality and publicity rights. The actress had alleged that her identity was being commercially exploited online through fake event-booking accounts, unauthorised merchandise, fabricated statements and AI-generated or manipulated obscene content.
The Court observed that Tabu's name and stage name 'Tabu', along with her image, voice, likeness and other personality attributes, have acquired unique distinctiveness and are instantly associated with her by the public.
Justice Singh held that Tabu had made out a prima facie case for grant of an ex-parte ad-interim injunction and that the balance of convenience lay in her favour. The Court further found that she was likely to suffer irreparable harm if interim protection was not granted.
The Court noted that personality rights have previously been recognised and protected by the Delhi High Court in cases including D.M. Entertainment v. Baby Gift House, Anil Kapoor v. Simply Life India and Jaikishan Kakubhai Saraf v. Peppy Store.
It said unauthorised use of a famous person's name, image or other distinctive attributes for commercial purposes can amount to infringement, dilute the individual's unique identity and result in unearned commercial gain by third parties.
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