In an order issued on Wednesday, the Bombay High Court termed the “realistic” nature of deeply fake images and videos as “truly alarming” and granted actor Akshay Kumar interim protection over his personality rights, according to LiveLaw.
In its order, the court expressed deep concern over the fake video of the actor making inflammatory remarks and comments against Rishi Valmiki. According to a PTI report, the order said, “The consequences that may result from the dissemination of such content are indeed most grave and severe.”
The HC said, “Both in the context of images and videos, the morphing is so sophisticated and deceptive that it is virtually impossible to recognize that the same are not genuine images/videos of the plaintiff (Kumar).
The court noted that apart from interfering with the personality and moral rights of the actor, 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 appears to be the intention of those producing such content, it said.
The HC observed, “Therefore, such content must be immediately removed from the public domain, not only in the interest of the plaintiff but also in the larger public interest.” The court further emphasized that Kumar, as a well-known actor, has rights to his personality, including his name, nickname, image, voice, tone and distinctive performance.
The bench ordered the removal of all such content from the social media platforms and prohibited the publication of any such content in future.
Akshay Kumar’s suit in HC: What did it say?
Akshay Kumar has filed a case in the Supreme Court against websites and social media platforms for unauthorized use of his photos, videos and name. In the interim application, he sought the removal of all such content and a ban on its future use.
In his plea, Kumar sought protection of his personality rights in light of the rise of deeply fake videos, saying the content has not only damaged his reputation but also has significant consequences.
The petition sought to stop the ongoing infringement and unauthorized commercial exploitation of his personality and publicity rights, including his real name, nickname “Akshay Kumar”, image, likeness, voice, distinctive style of performance, mannerisms and other identifiable characteristics. He highlighted the widespread abuse of the actor’s persona through AI-generated and deeply fake images and videos, counterfeit goods, misleading advertisements, fake brand endorsements and fake social media profiles on platforms like YouTube, Facebook, Instagram, X (formerly Twitter) and various e-commerce websites.
The lawsuit stated, “These actions cause serious and irreparable harm to plaintiff’s goodwill and reputation, diminish his personality and rights of publicity, deceive the public, and lead to pretense, unfair competition, and unjust enrichment.
“Recently I came across some AI-generated videos with a movie trailer showing me in the role of Maharishi Valmiki. I want to clarify that all such videos are fake and AI-generated,” Kumar wrote on X on September 23.
