In a landmark intervention for personality rights in the age of artificial intelligence, the Delhi High Court has directed social media platforms to take down deepfake videos of Congress MP Shashi Tharoor. The court ruled that the Thiruvananthapuram MP holds “exclusive control” over his persona, specifically protecting his signature oratorical style and “highly refined vocabulary” from AI-driven misappropriation.
Justice Mini Pushkarna issued the interim order following a lawsuit filed by Tharoor against a “sophisticated and malicious campaign.” The litigation targeted AI-generated content—purportedly showing Tharoor praising Pakistan’s diplomacy—which the MP argued was designed to tarnish his reputation and interfere with the democratic process.
The court’s order goes beyond standard image protection. Justice Pushkarna restrained the unauthorized use of Tharoor’s name, visual likeness, and distinct voice. Notably, the injunction explicitly covers Tharoor’s “signature oratorical cadence and manner of speaking” and his “highly refined vocabulary”—traits long associated with the public intellectual.
“The plaintiff’s reputation, goodwill, name, physical appearance… and other attributes are uniquely identifiable,” the court stated. “The same form the plaintiff’s ‘personality’, over which the plaintiff enjoys sole and exclusive control.”
The ruling emphasized that personality and publicity rights are protectable under Articles 19 and 21 of the Constitution of India, framing the unauthorized cloning of a public figure’s attributes as a violation of the right to privacy.
The lawsuit revealed that Tharoor discovered the AI campaign around March 2026, a critical period during his campaigning for the Kerala Legislative Assembly elections. Represented by senior advocate Amit Sibal and law firm Trilegal, Tharoor contended that the deepfakes were “weaponized” to manipulate public perception and question his patriotic credentials.
The plea argued that these “hyper-realistic” videos depicted the MP making politically sensitive statements he never actually uttered, posing a threat not only to his personal standing but also to India’s international reputation.
The High Court has placed strict requirements on major tech platforms:
- X (formerly Twitter): Ordered to immediately take down and block access to the infringing links identified in the lawsuit.
- Meta: Directed to ensure that offending reels on Instagram, which have already been made inaccessible, remain blocked.
- Data Disclosure: Both platforms must provide Tharoor with the “complete identity” of the creators and uploaders, including IP login details, phone numbers, and email addresses, within three weeks.
The court further clarified that Tharoor is at liberty to approach these platforms directly to report any future “false, fake and infringing videos.”
This ruling adds to an expanding body of jurisprudence in India regarding publicity rights. Tharoor joins a growing list of high-profile figures—including actors Aishwarya Rai Bachchan, Salman Khan, Allu Arjun, and cricketer Gautam Gambhir—who have successfully sought the High Court’s protection against the unauthorized commercial or malicious use of their likeness.
As Generative AI becomes increasingly accessible, legal experts view this case as a significant step in defining the boundaries of digital identity and the right of public figures to safeguard their unique personal attributes from technological exploitation.
