Morphed videos, artificial intelligence-generated deepfakes, and unauthorized digital content featuring actor Preity Zinta must be immediately removed from the internet, the Bombay High Court ruled on Wednesday.
The single-bench order, delivered by Justice Madhav Jamdar, established that the misuse of an individual’s likeness through synthetic media violates their fundamental constitutional rights. The court granted interim relief to Zinta after finding a strong prima facie case of rights infringement.
During the proceedings, Zinta’s counsel, Venkatesh Dhond, pointed to approximately 275 websites hosting AI-altered, superimposed, or morphed media of the actor, alongside unauthorized chatbot-style interactions. Dhond argued that the proliferation of this material directly infringed upon Zinta’s moral, personality, and publicity rights.
Constitutional Rights And Career Damage
The court acknowledged Zinta’s 25-year career in the Indian film industry, noting she had established a highly valuable public identity. Justice Jamdar observed that using her likeness, image, or mannerisms without authorization through AI tools could severely harm her reputation.
The ruling declared that the actor’s personality, publicity, and moral rights are protected under the Indian Constitution. Specifically, the court tied these protections to the right to free speech under Article 19, as well as the right to life and personal liberty under Article 21, which guarantees the right to live with dignity.
Intermediary Due Diligence Obligations
Justice Jamdar also addressed the role of online platforms in facilitating the spread of synthetic media. He reminded digital intermediaries of their due diligence mandates under the country’s Information Technology Rules.
The court emphasized that online platforms must take proactive measures to curb the spread of unauthorized media, warning that their failure to act makes them complicit in violating citizens’ constitutional rights. If intermediaries actively intervene, the court remarked, offenders will be deterred from publishing such content.
A deepfake is synthetic media, such as an image, audio, or video recording, created using artificial intelligence to convincingly replace or alter a person’s likeness or voice.
