Delhi HC grants injunction in favour of Kajol in personality rights case

New Delhi: The Delhi High Court has granted an ex parte ad interim injunction in favour of Bollywood actress Kajol, restraining multiple entities from misusing her name, image, voice, and other facets of her personality, including through artificial intelligence (AI), deepfakes and online merchandise.

A single-judge bench of Justice Jyoti Singh passed the interim order in a suit filed by Kajol Vishal Devgan against Kash Collective and several other defendants, including e-commerce platforms, social media intermediaries, AI chatbot websites and unidentified John Doe entities.

The suit alleged large-scale unauthorised sale of merchandise bearing Kajol’s name and photographs, dissemination of AI-generated and morphed images, operation of vulgar AI chatbots impersonating her, and hosting of pornographic deepfake content.

In its order, the Delhi High Court recorded that Kajol is a “renowned personality in the Indian film industry with an illustrious career of nearly four decades and has left an indelible mark”, adding that she has played lead roles in blockbuster films and is a recipient of several prestigious awards, including the Padma Shri.

The order said that Kajol has acquired immense goodwill and commercial reputation associated with her identity, making her name and personality attributes valuable proprietary rights deserving judicial protection.

The Delhi High Court found that defendants operating websites and online marketplaces were, prima facie, “unlawfully selling merchandise using plaintiff’s name and image as also other elements of her persona to make commercial gains, without plaintiff’s consent and authorisation”.

It further observed that if such goods are of inferior quality, “it would amount to a further debasement of the goodwill and reputation of the plaintiff, garnered over the years through hard work”.

“On a holistic reading of the plaint and perusal of the documents, the court is of the view that plaintiff has made out a prima facie case for the grant of an ex parte ad interim injunction. Balance of convenience lies in favour of the plaintiff and irreparable harm and injury shall be caused to her if the ex parte injunction, as sought, is not granted,” Justice Singh held.

The Delhi High Court restrained defendants and unidentified “John Doe” entities from directly or indirectly using or exploiting Kajol’s name, image, voice, likeness or any attribute of her persona for commercial or personal gain, including through artificial intelligence, generative AI, machine learning tools, deepfakes, face morphing or AI chatbots.

It further directed e-commerce platforms and merchandise sellers to immediately de-list infringing products and take down identified URLs within 72 hours.

Social media platforms and video-hosting intermediaries were ordered to remove infringing posts and videos and disclose Basic Subscriber Information and IP logs of offending accounts to enable identification of anonymous violators.

Similarly, video-sharing platform YouTube was ordered to take down specified URLs and furnish subscriber details and IP logs of the infringing channels.

The Delhi High Court also restrained certain AI platforms from hosting chatbots or conversational tools impersonating the actor or facilitating vulgar or obscene interactions using her identity, adding that such content undermines dignity and may mislead the public into believing fabricated scenarios to be genuine.

The Department of Telecommunications (DoT) and the Union Ministry of Electronics and Information Technology (MeitY) were also directed to block and disable identified websites hosting objectionable and pornographic content within 72 hours of receipt of the order.

The matter has been listed for further hearing on April 23.

The Kajol case adds to a growing list of high-profile personalities invoking their personality and publicity rights before the Delhi High Court. In recent months, former India captain Sunil Gavaskar, actor Nandamuri Taraka Rama Rao (Jr NTR), spiritual leader and Art of Living founder Sri Sri Ravi Shankar, actors Nagarjuna, Aishwarya Rai Bachchan, and Abhishek Bachchan, singer Jubin Nautiyal, film-maker Karan Johar, and podcaster Raj Shamani have secured court protection against the unauthorised use of their identity, likeness, or AI-generated imitations.

IANS