18 April 2026 Legal Updates

Bombay High Court Protects Kartik Aryan’s Personality Rights, Orders Takedown of AI-Generated Obscene & Fake Content

Case Details

(a) Case Title:

• Kartik Aryan v. Unknown Defendants (Intermediaries & Others) (Interim Order)

(b) Court:

• Bombay High Court

(c) Date of Decision:

• April 15, 2026

(d) Bench:

• Justice Sharmila Deshmukh

Facts of the Case

• Bollywood actor Kartik Aryan approached the Bombay High Court seeking protection of his personality rights against misuse of his name, image, voice, and likeness on various online platforms.
• He contended that several fake websites, social media profiles, and AI-generated content were unlawfully using his identity. This included fake booking platforms, merchandise using AI-generated images, and even sexually explicit AI-generated content portraying him. These acts, according to Aryan, harmed his reputation and commercial brand value.

Issues Raised

• Whether unauthorised use of a celebrity’s identity through AI-generated content violates personality/publicity rights?
• Whether courts can direct intermediaries to take down such content to protect reputation and privacy?
• Whether AI-generated obscene content amounts to infringement of fundamental rights and reputation?

Contentions of the Petitioner (Kartik Aryan)

• His personality rights (name, image, likeness, voice) are being commercially exploited without consent.
• AI-generated obscene content is defamatory and violates his right to reputation and privacy.
• Fake websites and profiles create false association and risk of public deception.
• Immediate injunction is necessary to prevent irreparable harm to brand value.

Contentions of the Respondent

(Intermediaries / Platforms – implied defence)

• Platforms act as intermediaries and may not directly create content.
• Responsibility arises only upon being notified (safe harbour argument under IT laws).

Court’s Reasoning & Key Findings

1. Recognition of Personality Rights

• Court recognised that celebrities have exclusive rights over their personality attributes.
• Includes: Name, Image, Voice, Likeness
• These rights are protected under right of publicity and privacy.

2. Unauthorised Commercial Exploitation

• Fake booking platforms and AI tools created:
  - False association with the actor
  - Risk of cheating the public
• Such use was held to be prima facie illegal.

3. AI-Generated Content & Reputation

• AI-generated obscene content:
  - Was disparaging and harmful to reputation
  - Violated dignity and privacy
• Court treated this as a serious misuse of technology.

4. Role of Intermediaries

• Intermediaries must act promptly upon notice.
• Failure to remove such content can result in liability.

5. Need for Immediate Protection

• Court held that:
  - Delay would cause irreparable harm
  - Interim injunction justified
• Emphasised urgent judicial intervention in digital harms.

Final Verdict

• Court granted interim injunction in favour of Kartik Aryan.
• Directed intermediaries to:
  - Delete/delist objectionable content
  - Remove AI-generated and fake content
• Timeline: Within 36 hours of being flagged by the actor

Legal Principles Established

1. Personality / Publicity Rights

• A person (especially a celebrity) has exclusive control over commercial use of identity.
• Includes: Name, Image, Voice, Likeness
• Recognised as part of: Article 21 (Right to Life & Dignity)

2. Right to Privacy & Reputation

• AI-generated obscene or false content violates:
  - Right to Privacy
  - Right to Reputation (Article 21)
• Reputation is considered a facet of personal liberty.

3. AI & Legal Liability

• AI-generated content is not exempt from legal scrutiny.
• Courts can:
  - Restrain
  - Remove
  - Penalise misuse

4. Intermediary Liability (Important for CLAT)

• Under IT law principles:
  - Intermediaries enjoy safe harbour
  - BUT only if they act after notice
• Failure to remove content → Loss of protection

5. Injunction in Digital Harm Cases

• Courts can grant urgent interim injunctions when:
  - Reputation damage is ongoing
  - Content is viral or widely accessible
• Focus on preventing irreparable harm

6. Misrepresentation & Public Deception

• Fake websites using celebrity identity = → Passing off + unfair trade practice

7. Emerging Jurisprudence on AI

Courts are:

• Recognising AI risks in law
• Expanding traditional rights (privacy, reputation) to digital space