Vivek Oberoi's Personality Rights Protected By Delhi HC In Key Ruling

The Delhi High Court ruled in favour of actor Vivek Oberoi, shielding him against misuse of his identity. The Court granted the actor an entrepreneur a comprehensive “dynamic injunction”, protecting his name, voice, image, and overall persona from unauthorised use and commercial exploitation. With the rising use of artificial intelligence (AI) and, at the same time, misuse of it, miscreants generate AI-generated deepfake content to use it for their benefit. This leaves the celebrities and other famous people vulnerable to reputation damage.      

On Saturday, the Delhi High Court reinforced the message that a celebrity’s work may be for the public, but their identity remains their own and shouldn’t be misused by anyone. The ruling serves as a deterrent against the digital misuse of one’s personality trait and identity.

Vivek Anand Oberoi approached the High Court after finding out about the use of his identity across various digital platforms without his knowledge and approval. The actor files the plea, alleging that multiple unidentified entities were creating fake social media accounts in his name, using morphed photographs and AI-generated visuals that show “distasteful imagery”, as per media reports. However, this isn’t all; the misuse of his identity goes beyond social media. There are unauthorised merchandise items, including posters, T-shirts, postcards, etc., with Oberoi’s name on them and on e-commerce websites.

In his plea, Oberoi argues these activities are causing “incalculable loss” to his goodwill and professional standing.  

The actor represented by advocate Sana Raees Khan argued that these violations are not only an attack on his professional reputation but are also causing significant distress to his young children. Reportedly, his counsel stressed that any unauthorised use of a persona for profit should bear judicial weight and invite legal repercussions.

The Delhi High Court, observing the urgent need for protection against the anonymous offenders in the digital space, granted a “John Doe” order in the case. A John Doe order is a type of court order passed against unknown or unnamed parties whose identities are not known at the time of taking legal action. This order is commonly used when unknown parties are involved in the case, such as unknown internet users.

The Court acknowledged that traditional lawsuits are insufficient when dealing with the anonymous nature of the internet and that misusing a celebrity’s voice, name, etc., via AI or e-commerce platforms directly impacts their reputation and commercial interest. The Court highlighted the need for a “dynamic” legal response to keep pace with the emerging violations.

Considering the nature of the violations, the Court ordered a dynamic injunction and a John Doe order, and directed an immediate take-down of the infringing content. The order not only protects the actor from the existing violations but also from future violations by anonymous offenders who try to misuse Oberoi’s personality rights.

Since AI is becoming a part of the daily life of people, and digital tools are easily available to create deepfakes, it is crucial that legal measures evolve, too.

Notably, Oberoi’s plea to protect his personality right is not a unique case. In the past, many actors, including Aishwarya Rai, Abhishek Bachchan, Salman Khan, and Suniel Shetty, have approached different Courts seeking protection of their personality rights.

Prime Minister Narendra Modi, Union Minister Nirmala Sitharaman, former Reserve Bank of India  (RBI) governor Shaktikanta Das, and cricketer Virat Kohli are also some of the famous personalities whose Deepfake videos have circulated on social media to spread misinformation.