The Bombay High Court has granted interim relief to actor Preity Zinta in her legal battle against AI-generated deepfakes, morphed images, fake videos and other unauthorised online content created using her identity.
Bombay High Court grants interim relief to Preity Zinta against AI deepfakes, morphed content
The order came after Zinta approached the court seeking protection against the misuse of her likeness across digital platforms. During the hearing, the court also highlighted the responsibility of online intermediaries to curb such content and comply with their obligations under the Information Technology Rules.
Court questions role of online platforms
Justice Madhav Jamdar expressed concern over the increasing misuse of AI-generated content and questioned the responsibility of social media platforms in addressing such violations.
Addressing Meta’s counsel during the hearing, the judge said, “You must be more concerned that your platform is being misused. If you start taking action, such type of offenders will stop. That will enhance your prestige only. Otherwise, you are part of affecting fundamental rights of the citizens of this country.”
Responding to the court, Meta’s counsel stated that the company has been taking “proactive steps” wherever possible to remove such content.
Preity Zinta alleges misuse of her identity
Senior advocate Venkatesh Dhond, appearing for Zinta, informed the court that the suit identified nearly 275 YouTube links allegedly containing AI-generated, morphed or superimposed videos and images using the actor’s likeness.
According to the submissions, the content infringes upon Zinta’s personality rights, publicity rights and moral rights by using her identity without consent.
The court noted that Zinta has spent more than 25 years in the film industry and has appeared in over 40 films, building a significant public identity through her work. It observed that unauthorised AI-generated content using her image, likeness and mannerisms has the potential to harm her reputation.
“The plaintiff’s personality rights, publicity rights and moral rights are violated by creation of such morphed and superimposed content,” the court observed.
The court further said these rights are protected under Articles 19 and 21 of the Constitution, noting that the right to life and personal liberty includes the right to live with dignity.
Court grants interim protection
After considering the submissions, the Bombay High Court held that Zinta had established a prima facie case and granted interim relief in line with the amended prayers made in the suit. It also allowed her to amend her plaint.
During the hearing, counsel representing Meta informed the court that the company would remove the links identified in the suit. However, it requested the liberty to raise objections if future complaints involve genuine photographs or otherwise lawful content.
The court accepted the request and extended similar liberty to Google LLC. It clarified that if either platform raises objections regarding future complaints, Zinta would be free to approach the court for further directions.
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