Delhi Hc Orders Takedown Of Pornographic Deepfake Unauthorised Content Using Naga Chaitanyas Persona

Actor Naga Chaitanya recently approached the Delhi High Court seeking protection of his personality rights. As per the latest update from news agency ANI on Monday, the Delhi High Court has granted interim protection to the Telugu film actor against the unauthorised use of his name, image, voice, likeness and other personality attributes on pornographic websites, online merchandise platforms and YouTube channels.

The Court directed multiple defendants to remove the impugned content and comply with its directions within 24 hours of receiving the order.

Justice Jyoti Singh passed the order while hearing a commercial suit filed by the actor seeking protection of his personality and publicity rights against websites allegedly hosting pornographic content, AI-generated deepfakes, defamatory material and unauthorised merchandise exploiting his identity. Appearing for the plaintiff, Senior Advocate Vaibhav Gaggar was assisted by Advocates Somdev Tiwari, Akashdeep Gupta, Siddarth C., Abhishek Nair and Vansh Srivastav. Google LLC was represented by Advocates Mamta Rani Jha, Rohan Ahuja, Shruttima Ehersa and Sanya Sehgal.

After considering the pleadings and documents on record, the Court held that the plaintiff had established a prima facie case for the grant of an ex parte ad interim injunction. The Court observed that the balance of convenience lay in favour of the actor and that irreparable harm would be caused to his reputation if the infringing activities were allowed to continue.

The Court noted that Naga Chaitanya is a well-known actor with an illustrious career spanning more than 15 years and has earned significant goodwill, reputation and public recognition through his work in the Telugu and Hindi film industries. The order records that his name, image and persona constitute valuable commercial assets cultivated through years of professional effort.

The Court observed that the actor's personality rights extended to the protection of his name, likeness, voice and image and that no third party could use these attributes without authorisation. Referring to earlier decisions on celebrity personality rights, the Court held that unauthorised exploitation of a celebrity's persona can result not only in commercial harm but also affect the individual's privacy, dignity and reputation.

Justice Singh further observed that the plaintiff was entitled to protection against the dissemination of pornographic content and AI-generated images portraying him in inappropriate scenarios. According to the Court, such content has the potential to damage reputation and mislead the public into believing that the depictions are genuine.

The Court found that certain defendants were allegedly selling merchandise bearing the actor's name, image and likeness without consent, thereby creating an impression of endorsement or affiliation. The Court observed that if such products were of inferior quality, it could further damage the goodwill and reputation painstakingly built by the actor over the years.

Relying on precedents relating to celebrity endorsement rights, the Court held that a celebrity's right of endorsement is a significant commercial interest and cannot be undermined by the unauthorised sale of merchandise exploiting the celebrity's persona.

Pending further proceedings, the Court restrained several Defendants and unidentified John Doe defendants from utilising, exploiting or misappropriating Naga Chaitanya's name, image, voice, likeness or any other aspect of his persona for commercial or personal gain without authorisation.

The restraint specifically extends to the use of technologies such as Artificial Intelligence, Generative AI, Machine Learning, deepfakes, AI chatbots and face morphing tools.

The Court also restrained the concerned defendants from selling or facilitating the sale of merchandise infringing the actor's personality rights and directed the removal of specific online listings offering products bearing his name and likeness.

In addition, the Court directed several websites allegedly hosting pornographic content linked with the actor's name to take down specified URLs. Google LLC was also directed to remove a list of identified YouTube videos and shorts alleged to be infringing the actor's personality rights.

Santanu Das is a Senior Content Producer at Hindustan Times with over 5 years of experience, writing on films, pop culture and film festivals. He has a keen interest in writing about South Asian independent films and has covered several film festivals, including Sundance and CPH: Docx. He also brings a sharp perspective to the monthly column called The Fault in Our Stars, where he writes about a recent film/series and what stops the ‘good’ from becoming ‘great’. A gold medalist from Banaras Hindu University, Santanu completed his postgraduate studies in English from Jadavpur University. He is also a Rotten Tomatoes-certified film critic. When not watching films or speaking to celebrities, Santanu can be found reading a book. Some of his favourite films are Aparajito, Ponyo and The Double Life of Veronique. His favourite books include The Corrections, The God of Small Things and A Room of One's Own. Santanu continues to write passionately about films and celebrity culture. He brings a relatable, as well as critically informed, lens to entertainment and culture for a wide audience. Find him on LinkedIn: santanudasfilm Instagram: @santupechaRead More