The Delhi High Court has granted former cricketer Yuvraj Singh an interim injunction, protecting his personality rights from misuse via AI deepfakes, fabricated content, and unauthorised merchandise, citing damage to his reputation and goodwill.
Delhi HC Grants Yuvraj Singh Interim Protection
The Delhi High Court has held that former India cricketer Yuvraj Singh has established a prima facie case for protection of his personality rights, observing that AI-generated deepfakes, fabricated posts, and unauthorised commercial exploitation of his name, image and likeness are damaging his hard-earned reputation and commercial value. The Court said there can be "no doubt" that violators of personality and privacy rights must be dealt with "with a heavy hand" and granted an ex parte interim injunction restraining such activities.
In a significant order reinforcing the protection of celebrity personality rights in the age of artificial intelligence, the Delhi High Court has restrained several social media users, unidentified "John Doe" defendants, online sellers and intermediaries from creating, publishing or commercially exploiting AI-generated content and merchandise using former Indian cricketer Yuvraj Singh's identity without his consent.
Court Reinforces Personality Rights Precedent
Justice Jyoti Singh observed that Yuvraj Singh has made out a prima facie case for grant of an ex parte ad interim injunction. The Court held that the balance of convenience lay in his favour and that he would suffer irreparable harm if interim protection was denied. The Court reiterated that personality rights have consistently been recognised and protected by the Delhi High Court, observing that an individual has the right to protect his name, likeness and all other attributes of his personality, and that no third party can use those attributes without consent or authorisation. It noted that unauthorised commercial use of a person's name, image or other distinctive characteristics amounts to infringement of personality rights, dilutes the individual's unique identity and enables others to derive unlawful commercial gain. Referring to previous judicial precedents, including D.M. Entertainment, Anil Kapoor, Sunil Gavaskar and Jaikishan Kakubhai Saraf, the Court observed that where personality rights are established, the individual is entitled to injunctive protection against their unauthorised use.
Cricketer's Goodwill and Stature Acknowledged
The Court noted that Yuvraj Singh is one of India's most celebrated cricketers who represented the country for nearly 17 years, played a pivotal role in India's 2011 World Cup triumph, earned several national honours including the Padma Shri and Arjuna Award, and has also built goodwill through philanthropic initiatives such as the YouWeCan Foundation. Given his stature, the Court observed that he inherently possesses proprietary rights over his personality and associated attributes and enjoys the exclusive right to commercially exploit them while preventing unauthorised use by third parties.
Allegations of AI Deepfakes and Unauthorised Merchandise
Examining the allegations, the Court recorded that various defendants were allegedly publishing AI-generated images, deepfake videos and fabricated social media posts falsely depicting incidents that never occurred. Some content portrayed the cricketer using vulgar or abusive language, while other posts allegedly depicted him behaving aggressively or assaulting another cricketer. According to the Court, such content tarnishes the immense goodwill and reputation Yuvraj Singh has earned through years of sporting achievements and social work, lowering his image in the eyes of the public.
The Court also found merit in the allegations that certain online sellers were manufacturing and selling T-shirts, posters, stickers and other merchandise using Yuvraj Singh's name, image and likeness without authorisation. It observed that such activities falsely create an impression that the products are endorsed by or associated with the cricketer, amounting to passing off and violation of his personality rights while diminishing the commercial value of his persona.
Specifics of the Restraint Order
Making a strong observation on misuse of AI technology, the Court remarked that there can be no doubt that violators of personality and privacy rights need to be dealt with "with a heavy hand." Pending further hearing, the Court restrained the defendants, including unknown persons, from using, reproducing, publishing, displaying or otherwise exploiting Yuvraj Singh's name, the nickname "Yuvi", image, voice, likeness or any other personality attributes without his consent for commercial or personal gain. The restraint specifically extends to content created through Artificial Intelligence, Generative AI, Machine Learning, deepfakes, AI chatbots, face morphing, face-swapping and similar technologies. The defendants have also been restrained from creating or circulating AI-generated photographs, audio recordings, videos or other manipulated content featuring the cricketer.
Directives to Online Platforms
The High Court further directed Meta Platforms to remove the identified Facebook and Instagram URLs within 36 hours, while Amazon Seller Services and Flipkart Internet were directed to take down the specified product listings. Turtle Wings and SMEEPS were directed to remove the identified infringing URLs within 24 hours of receiving the order.
The Court also clarified that if Yuvraj Singh discovers any further infringing posts or videos in future, he would be at liberty to approach the concerned intermediary or avail appropriate legal remedies. The matter has been listed for further proceedings. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)