Why Aishwarya Rai Approached the Delhi High Court

Bollywood actor Aishwarya Rai Bachchan has moved the Delhi High Court to address the rampant misuse of her identity online. The lawsuit, which seeks to protect her personality rights, targets the unauthorized use of her name, image, voice, and likeness. This legal action comes in the wake of a disturbing trend where her images, including those manipulated through artificial intelligence (AI) and deepfake technology, are being used for commercial gain and, more egregiously, for creating sexually explicit content.

Her legal counsel, senior advocate Sandeep Sethi, presented a compelling case to the court, highlighting several alarming instances of misuse. The plea points to websites and individuals who are not only using her name and likeness to sell merchandise like mugs and T-shirts but are also creating “completely unreal intimate photographs” by superimposing her face onto explicit images. Sethi stated in court that “Her name and likeness is being used to satisfy someone’s sexual desires,” calling the situation “very unfortunate.”

The Broader Context: Protecting Personality Rights

This case is part of a growing movement among Indian celebrities to assert their personality rights in the digital age. Personality rights, also known as publicity rights, grant individuals the exclusive authority to control and profit from the commercial use of their identity. While India lacks a specific law on the matter, courts have increasingly recognized these rights as an intrinsic part of an individual’s fundamental right to dignity and privacy under Article 21 of the Constitution. Other prominent figures like Amitabh Bachchan, Anil Kapoor, and Jackie Shroff have previously taken similar legal steps to prevent the unauthorized use of their personas for commercial purposes.

The lawsuit also addresses a number of other forms of misuse, including fraudulent businesses. For instance, the plea mentions a company named ‘Aishwarya Nation Wealth’ that allegedly used her picture on its letterhead and falsely claimed she was its chairperson to solicit money. The case highlights how AI and deepfake technology have created a new, more sinister dimension to the problem of identity theft and digital impersonation, making it a critical issue not just for celebrities, but for everyone.

The court has indicated that it is likely to issue interim injunctions to curb the misuse, though the broad nature of the relief sought may require separate orders against each defendant. The case serves as a crucial precedent in the ongoing battle against the unethical and harmful use of AI-generated content and the exploitation of public figures’ identities for malicious purposes.