Bollywood Star's Digital Double Trouble: Bombay HC Strikes Down Deepfakes

In a swift move to safeguard celebrity dignity in the AI age, the Bombay High Court on March 4, 2026 , granted interim relief to actress Shilpa Shetty Kundra against 28 defendants, including e-commerce sites, social media platforms, and government bodies. Justice Sharmila U. Deshmukh ruled that unauthorized use of Shetty's image, likeness, and persona—especially through AI-generated deepfakes—violates her personality rights and performers' moral rights under Section 38B of the Copyright Act, 1957 .

From Silver Screen to Synthetic Shame: The Deepfake Onslaught

Shilpa Shetty Kundra, a renowned Bollywood actress and TV personality with a massive social media following, filed Commercial IP Suit No. 720 of 2025 after discovering her image exploited across digital platforms. E-commerce defendants (Nos. 1-11) peddled merchandise falsely implying her endorsement, amounting to passing off . Platforms like GIF sites (Nos. 14-15), AI content generators (Nos. 17-22), and social media giants (Nos. 23-25) hosted morphed videos, obscene deepfakes, and unauthorized clips from her films. Even government entities like the Ministry of Electronics and Information Technology (No. 26) and Department of Telecommunications (No. 27) were roped in for takedown duties.

A prior December 26, 2025 , order had mandated deletion of specific infringing URLs, which most defendants claimed to have followed. But Shetty alleged gaps, prompting this hearing in Interim Application No. 111 of 2026.

Plaintiff's Plea: 'My Face Isn't Up for Sale'

Shetty's counsel highlighted prima facie evidence of deepfakes tarnishing her reputation, morphing her into pornographic content, and violating Article 21 's right to privacy and dignity. They sought blanket injunctions against exploitation, takedowns, and disclosures from e-commerce hosts (Nos. 12-13). Not pressing broad relief against intermediary platforms, they focused on notified URL deletions.

Defendants countered variably: Intermediaries (e.g., Nos. 15, 24) resisted blanket bans, arguing for case-by-case takedowns with objection rights. E-commerce entities pointed to compliance, while one sought name correction. Some content, like YouTube videos, was defended as "news," but the court dismissed it as unauthenticated and defamatory.

Court's Razor-Sharp Reasoning: Dignity Over Algorithms

Justice Deshmukh dissected the menace: Defendant Nos. 1-11's misuse screamed passing off , backed by website screenshots. GIF platforms distorted performances, infringing Section 38B's moral rights for actors as "performers." AI deepfakes on sites like Defendant No. 16 were "especially disturbing," degrading Shetty's professional standing with no commercial justification.

The court drew on constitutional safeguards, noting deepfakes' assault on dignity. As reported in legal circles, the order emphasized: "Upon prima facie consideration... the (e-commerce) defendants are passing off their goods as being associated with [Shetty]." Platforms bear responsibility without safe harbor for egregious violations.

No precedents were explicitly cited, but the ruling leaned on established personality rights jurisprudence and Copyright Act protections.

Key Observations

"The most disturbing aspect is the deepfakes and AI generated pornographic and obscene content... which results in tarnishing the image... and violates the right to privacy and right to live with dignity guaranteed under Article 21 ."

"AI-generated deepfakes, morphing and pornography content... is degrading and tarnishing the Plaintiff’s reputation, personal dignity as well as professional standing."

" Prima facie perusal... would indicate distortion of the Plaintiff’s performance... which amounts to infringement of Section 38B of Copyright Act, 1957 ."

"The Plaintiff’s personality rights deserve to be protected and are hereby protected."

Takedown Triumph: Platforms on Notice

The court allowed the application decisively: - Injunction under prayer (a) against Defendants 1-11 from exploiting Shetty's attributes. - All 28 Defendants must delete identified and future notified infringing URLs within 8 days (extended from prior order). - Intermediaries can object via court; compliance reports filed.

Amendments fixed Defendant No. 18's name. Non-compliance invites contempt probes.

This sets a precedent for celebrities battling AI misuse, compelling platforms to act swiftly on takedown notices. It underscores personality rights ' potency against digital forgery, potentially reshaping content moderation amid India's deepfake surge.