Delhi HC bars AI film exploiting Pawan Kalyan’s son’s likeness

New Delhi: The Delhi High Court has restrained the circulation and broadcast of an AI-generated film exploiting the name, personality and likeness of Akira Nandan, son of Andhra Pradesh Deputy Chief Minister and actor Pawan Kalyan.

Justice Tushar Tao Gadela was hearing a suit filed by Akira Nandan alias Akira Desai, claiming that the defendant Sambhawaami Studios LLP created and posted on YouTube a movie of around one hour, allegedly claiming to be the world’s first global AI movie that featured the plaintiff Akira in the lead role without his authorisation or permission, violating his right to privacy and personality rights.

“Plaintiff also claims that the AI morphing content portraying fabricated intimate/romantic scenes involving the plaintiff without any authorisation has already had, and has the potential to irreparably damage his name, image, goodwill and reputation resulting from the infringement of the copyright of his personality,” the court said.

It is stated that the alleged misuse of AI and deep fake technology also violates his personality rights, moral rights, publicity rights and the right to privacy, as well as breach of copyright recognised under law. It is also claimed that the said infringement also attempts to defraud the innocent members of the public, the court added.

In its order dated January 23, the court said, “Upon overall appreciation of the facts of the case, prima facie, it appears that the plaintiff is a prominent personality belonging to a highly reputed family in the entertainment industry in the state of Andhra Pradesh.”

It said the act of deploying AI tools to create a movie with the plaintiff in the lead role was a testament to his distinctive image and persona, and there was a likelihood of “exploiting his name, image, picture, personality and voice.”

“The irreparable injury and loss that the plaintiff may suffer, if no restraint orders are passed, would be irreparable, in as much as, a dent to the personality and the very image of the plaintiff can neither be measured in monetary terms nor be resurrected conveniently,” the court said.

Passing an ex parte ad-interim relief, the court ordered the immediate takedown of the online content across platforms, besides restraining the defendants, including Sambhawaami Studios LLP and others, from any further exploitation of Akira’s persona through AI or deepfake technologies.

It also directed the removal of the AI film, related clips, shorts and promotional material across websites and social media platforms.

The court restrained the defendants, including John Doe persons, from violating Akira’s personality or publicity rights by utilising in any manner his personality traits, or from using, imitating or exploiting any facet of his personality, including his name, image, likeness, voice, mannerisms or other identifiable attributes through AI, generative AI, machine learning or deepfake technologies.

It further said, “Defendant 3 (Meta Platforms) is directed to inform the user of the infringing URLs…qua direction for take down in 72 hours, in case the user fails to take down the content, the defendant 3 will take down the said content.”

The matter has been posted for further proceedings on February 5.