The Bombay High Court rules in favour of Shatrughan Sinha, protecting his iconic persona from unauthorised digital and AI misuse | File Photo
Mumbai, Feb 21: The Bombay High Court has held that veteran actor-politician Shatrughan Sinha’s iconic dialogue “Khamosh” is exclusively associated with his persona. The court has restrained unauthorised use of his name, voice, likeness and AI-generated images and videos across digital and social media platforms.
Interim order directs immediate takedown
Justice Sharmila Deshmukh, in an interim order passed on February 16, directed websites and social media intermediaries to immediately take down infringing content and prohibited future uploads using Sinha’s personality without his consent. The order copy was made available on Saturday.
John Doe suit filed for personality rights
Sinha had approached the high court through a John Doe commercial suit seeking protection of his personality and publicity rights. He also sought a permanent injunction against unknown persons and platforms allegedly exploiting his identity, including through AI-generated and digitally manipulated content.
Court recognises distinctive dialogue style
The court noted that the actor has a distinctive dialogue delivery style and is widely recognised for his manner of saying “Khamosh” (silence) onscreen.
“It needs no reinforcement that the expression ‘Khamosh’, which was delivered by the Plaintiff (Sinha) in his unique and distinct style… is associated exclusively with the Plaintiff’s persona,” the court observed.
Prima facie infringement established
Holding that a prima facie case was made out, the HC said the material placed on record showed infringement through fake social media profiles, morphed images, AI-generated videos and other online publications falsely attributing content to Sinha.
“Prima facie the material on record demonstrates infringement of his personality rights by creation of infringing and fake profiles… and dissemination of digitally manipulated photographs and AI-generated content,” the order stated.
Concern over AI-generated content
The court also took note of objectionable content, including AI-generated material allegedly tarnishing the actor’s reputation. “The use of artificial intelligence to produce images and videos… by morphing the Plaintiff’s face tarnishes the reputation and goodwill of the Plaintiff,” it said.
Justice Deshmukh observed that personality rights encompass the exclusive right to use one’s name, voice, style, likeness and persona, adding that unauthorised commercial exploitation on digital platforms has increased significantly with the advent of artificial intelligence.
“The personality rights… encompass right to exclusive use of one’s own name, style, voice, personality, and so on,” the court said, noting that digital forgeries increasingly result in violation of such rights.
Legal basis for protection
The court further observed that protection of personality rights can, prima facie, be traced to the law of passing off under the Trade Marks Act, 1999, as well as moral rights recognised under copyright law.
“There cannot be any justification for misutilising the Plaintiff’s personality for commercial exploitation, which ultimately results in dilution and tarnishing of his image,” the court added.
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Matter listed for further hearing
While keeping the matter for further hearing on March 30, the HC restrained known and unknown entities from continuing any unauthorised exploitation of Sinha’s personality rights pending further orders.
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