Shilpa Shetty has secured a significant legal victory as the Bombay High Court has ordered the immediate takedown of AI-generated content that manipulates her image and likeness. The court's decision comes in response to Shetty's petition seeking protection against the unauthorized use of her persona, which includes deepfake videos and morphed images circulating on various social media platforms and websites.
Justice Advait M. Sethna, presiding over a vacation bench, issued the order, emphasizing that the material presented was "prima facie extremely disturbing and abhorrent". The court underscored that no individual, especially a woman, should be portrayed in a manner that infringes upon their fundamental right to privacy without their consent. The High Court stated that the AI-generated morphed photos of Shilpa Shetty were "extremely disturbing and shocking". The court directed several social media platforms to delete and remove all such links and websites.
Shetty's legal action, filed under the Commercial Courts Act, names 28 defendants, including social media giants like Meta, Google, and X Corp, as well as e-commerce platforms like Amazon and Flipkart. She accuses these entities of enabling the dissemination of manipulated content and commercially exploiting her identity without permission. The lawsuit seeks urgent injunctions, takedown orders, disclosure of seller details, and damages of ₹5 lakh.
The petition highlights instances where AI tools were allegedly used to clone Shetty's voice and mannerisms, creating morphed images, books, and merchandise without her authorization. It also points to deepfake videos portraying her in "obscene, indecent, and defamatory contexts". Other examples include GIF-hosting platforms using clips from her films without permission and e-commerce sites selling products falsely implying her endorsement. Jewelry marketed as "Shilpa Shetty Inspired" and manipulated visuals circulating online were also cited.
Advocate Sana Raees Khan, representing Shetty, argued that these actions infringe upon her client's personality rights, violating Article 21 of the Constitution, which guarantees the right to privacy and dignity. Khan emphasized the urgent need for comprehensive personality rights laws to address AI misuse and protect public figures' reputations and commercial interests. She noted that India's current legal protections are insufficient to combat the rapid advancements in AI technology.
The court acknowledged the potential for irreparable harm to Shetty's reputation and the misleading nature of the content. Justice Sethna observed that the "shocking" images tarnish her image and cannot be countenanced. The court also impleaded the Ministry of Electronics and Information Technology and the Department of Telecommunications as parties to ensure the enforcement of its orders.
This ruling sets a precedent for protecting individuals against the misuse of AI to create defamatory and infringing content. It highlights the growing concerns surrounding deepfakes and the need for stronger legal frameworks to safeguard personality rights in the digital age. The Bombay High Court's decision provides significant relief to Shilpa Shetty and sends a strong message to platforms and individuals who create and disseminate AI-generated manipulated content.
