Bombay High Court protects Shruti Haasan from AI deepfakes

The Bombay High Court has directed social media platforms to take down objectionable content concerning actor Shruti Haasan. Justice Madhav Jamdar passed the interim order, holding that Haasan has made out a very strong prima facie case for the protection of her personality rights.

Haasan filed a commercial suit seeking Rs 15 crore in damages for the unauthorized use of her name, image, likeness, and voice. She has sued 18 defendants, including social media platforms, e-commerce sites, AI chatbot providers, celebrity booking platforms, merchandise sellers, government authorities, and unidentified individuals. The case involves allegations of unauthorized merchandise, AI-generated deepfakes, and sexually explicit content.

The allegations in the suit

Shruti Haasan has alleged that unidentified persons used AI and deepfake technology to superimpose her face onto sexually explicit and pornographic videos and images. She claims this has subjected her to ridicule and disrepute. The actor also alleges that clips from films featuring her performances were extracted and used to create GIFs and deepfake videos without her consent.

She has invoked Sections 38, 38A, and 38B of the Copyright Act, which deal with performers' rights. Haasan is seeking permanent injunctions, the removal and delivery-up of infringing material, a rendition of accounts, and Rs 15 crore in damages. She has also asked intermediary platforms to disclose subscriber details of anonymous infringers so they can be identified and added to the proceedings.

Separately, Justice Abhay Ahuja granted Haasan leave under Clause XII of the Letters Patent to institute the suit before the High Court's Commercial Division. This was after she established that part of the cause of action arose within its territorial jurisdiction.

A growing trend of personality rights cases

Personality rights cases in Indian courts have grown alongside the rise of generative AI. Recent disputes increasingly involve deepfakes, cloned voices, AI-generated images, and chatbots. According to the source report from MediaNama, this forms part of a broader legal trend.

The report provides a timeline of similar cases, showing a pattern of Indian courts intervening to protect individuals from unauthorized AI-generated content and commercial exploitation.

The scope of the legal action

The suit shows the legal challenges posed by new technologies. Haasan's action combines claims under copyright law for performers' moral rights with broader personality and publicity rights. The court's interim order signals its view that her case has substantial merit at this early stage.

The request for platform disclosure of anonymous user details highlights a common hurdle in such cases. Identifying the individuals behind the creation and distribution of infringing deepfake content is often the first major obstacle for plaintiffs.

Justice Jamdar's finding of a very strong prima facie case suggests the court recognizes the serious harm alleged from the pornographic deepfakes. The order compels social media intermediaries to act on the specified content while the full suit proceeds.

This case adds Shruti Haasan's name to a long and growing list of Indian celebrities and public figures seeking judicial protection in AI.