The Bombay High Court, in an order issued on Wednesday, described the “realistic” nature of deepfake images and videos as “truly alarming” and allowed interim protection to actor Akshay Kumar regarding his personality rights, according to LiveLaw.
In its order, the court expressed deep concern over the deepfake video showing the actor making communally inflammatory remarks and comments about Rishi Valmiki. As per a report by PTI, the order stated, “The consequences that can arise from such content being disseminated are indeed most grave and serious.”
The HC mentioned, “Both in the context of images and videos, the morphing is so sophisticated and deceptive that it is virtually impossible to discern that the same are not genuine images/videos of the plaintiff (Kumar).”
The court observed that, in addition to infringing upon the actor’s personality and moral rights, such videos pose a serious threat to the safety and well-being of his family members. They can also negatively affect society and public order, which seems to be the intention of those who produce such content, it said.
The HC noted, “Hence, such content needs to be removed from the public domain immediately, not only in the interest of the plaintiff but also in the larger public interest.” The court further emphasised that Kumar, as a well-known actor, holds rights over his personality, including his name, screen name, image, voice, tone, and distinctive performance.
The bench ordered the removal of all such content from social media platforms and prohibited the posting of any similar content in the future.
Akshay Kumar’s suit in HC: What did it say?
Akshay Kumar filed a lawsuit in the High Court against websites and social media platforms for unauthorised use of his photos, videos, and name. In an interim application, he requested the removal of all such content and a ban on its future use.
In his plea, Kumar requested protection of his personality rights in light of the increase in deepfake videos, stating that this content has not only harmed his reputation but also carries significant consequences.
The petition aimed to stop the ongoing infringement and unauthorised commercial use of his personality and publicity rights, including his real name, screen name “Akshay Kumar”, image, likeness, voice, distinctive performance style, mannerisms, and other identifiable traits. It highlighted widespread misuse of the actor’s persona through AI-generated and deepfake images and videos, counterfeit merchandise, misleading advertisements, false brand endorsements, and fake social media profiles on platforms like YouTube, Facebook, Instagram, X (formerly Twitter), and various e-commerce websites.
The suit stated, “These acts cause grave and irreparable harm to the plaintiff’s goodwill and reputation, dilute his personality and publicity rights, mislead the public, and amount to passing off, unfair competition, and unjust enrichment.”
“I have recently come across some AI-generated videos of a film trailer showing me in the role of Maharishi Valmiki. I want to clarify that all such videos are fake and created using AI,” Kumar posted on X on September 23.
