Personality And Publicity Rights Infringement
Subject : Civil Law - Intellectual Property Rights
In a significant move addressing the growing threat of modern technology to individual personality rights, the Delhi High Court has granted a "Dynamic+ Injunction" to spiritual leader Sadhguru Jagadish Vasudev and the Isha Foundation. The order aims to curb the rampant unauthorized use of the spiritual leader’s likeness, voice, and persona by "rogue websites" employing AI-generated deepfakes for commercial gain.
The plaintiffs approached the Court after uncovering a systematic effort by multiple defendants—acting as rogue websites and social media accounts—to exploit Sadhguru’s globally recognized reputation. The infringing content, ranging from fake investment platform advertisements to medical product endorsements, heavily relied on AI tools to manipulate the plaintiff's image, voice, and discourse.
The petitioners argued that these activities were not merely instances of intellectual property infringement but a broader attack on public trust. By morphing speeches to promote financial scams and unregulated commercial ventures, the defendants had created a digital smoke screen using URL-redirection and identity-masking to evade accountability.
Mr. Justice Saurabh Banerjee, noting the "hydra-headed" nature of these websites, acknowledged that traditional legal routes were insufficient. Citing the evolving landscape of digital rights, the Court drew inspiration from previous cases, including Applause Entertainment Private Limited v. Meta Platforms Inc. and Universal City Studios LLC v. Dotmovies.baby , where courts established the "Dynamic+" injunction framework to grant real-time relief against emerging mirror sites.
"If not stopped, the chances that (wrong) message will spread like wild fire with hardly any water left to douse it," Justice Banerjee observed, highlighting the urgency in shielding individuals from irreversible reputational damage caused by deepfake technology.
The Court’s decision creates a robust mechanism for enforcement. Beyond ordering social media platforms to take down specific infringing content, the order mandates: 1. Direct Accountability: Defendant no. 42-45 are directed to disclose subscriber and billing information of the infringing channels. 2. Regulatory Oversight: The Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MEITY) have been directed to issue notifications to service providers to block identified infringing content. 3. Future-Proofing: The "Dynamic+" nature of the injunction allows the plaintiffs to approach the Court or relevant platforms to block emerging mirror sites that mirror the infringing content, effectively closing the "whack-a-mole" loophole that such entities often rely upon.
This ruling marks a watershed moment in Indian jurisprudence, setting a clear precedent that the digital persona of a public figure is a protected asset. As technology accelerates, the Court’s willingness to grant flexible, real-time remedies suggests a judicial commitment to keeping pace with the challenges of the AI era.
Deepfakes - Publicity Rights - Intellectual Property - Digital Identity - Online Infringement
#PersonalityRights #DynamicInjunction
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