Bombay High Court Grants Interim Protection to Shatrughan Sinha Against AI Enabled Personality Misuse

the Bombay High Court granted ad interim relief in a suit filed by veteran actor Shatrughan Sinha seeking protection of his personality rights against unauthorised commercial exploitation across digital platforms. The Court restrained unidentified defendants and online intermediaries from using the actor’s name, image, likeness, voice, vocal style, and his well known dialogue delivery without express authorisation.

The suit was prompted by instances of alleged misuse involving fabricated endorsements, manipulated audiovisual content, AI generated deepfakes, and unauthorised merchandise bearing the actor’s persona. The plaintiff argued that such content misled the public into believing endorsement or association, while simultaneously diluting and commercially exploiting his identity.

The Court observed that the plaintiff’s distinctive screen persona, including characteristic dialogue expression and public recognition, had acquired substantial goodwill and market association. It noted that digital technologies now enable replication of identifiable features with increasing realism, thereby heightening the risk of deception and reputational injury.

Accordingly, the Court granted interim restraint pending further hearing and directed removal of infringing material. The order reflects a judicial willingness to intervene at an early stage where continued circulation of unauthorised content may cause irreversible reputational harm.

The development marks a significant judicial engagement with the intersection of intellectual property principles and artificial intelligence enabled impersonation.

Legal Analysis

Indian law does not contain a standalone statute codifying personality rights. However, judicial recognition of such rights has evolved through a composite application of constitutional principles, statutory provisions, and common law doctrines.

At the constitutional level, Article 21 of the Constitution of India protects the right to life and personal liberty, which has been judicially interpreted to include aspects of dignity and identity. In the intellectual property domain, protection against unauthorised commercial exploitation of persona is typically grounded in the tort of passing off. Where a defendant misrepresents association or endorsement, and such misrepresentation causes or is likely to cause damage, injunctive relief may be granted.

In appropriate cases, the Trade Marks Act, 1999 may also be invoked where personal names or distinctive identifiers function as source identifiers. Additionally, reputational harm arising from manipulated content may intersect with principles of defamation and unfair trade practice under the Consumer Protection Act, 2019.

The present ruling is particularly significant because it addresses AI generated replication. Unlike traditional impersonation, generative tools can create realistic simulations of voice, facial expressions, and mannerisms without direct human imitation. This raises complex evidentiary and enforcement issues, especially where infringing content is disseminated rapidly across multiple platforms.

By granting interim protection, the Court effectively recognised that delay in relief could magnify harm through viral propagation. The order indicates judicial sensitivity to the speed and scale at which digital misuse can occur.

For advertisers, production houses, and digital content platforms, the ruling underscores the necessity of obtaining clear consent and licensing rights before deploying synthetic representations of identifiable individuals. Internal compliance protocols must evaluate not only direct endorsements but also AI assisted content creation workflows.

The decision signals that Indian courts are prepared to adapt traditional intellectual property and misrepresentation doctrines to emerging technological contexts. As generative technologies proliferate, personality rights litigation is likely to expand, prompting deeper doctrinal development in this evolving area of law.