Introduction
In a significant step towards safeguarding individuals against the growing menace of deepfakes, AI-generated impersonation, and digital identity theft, the Delhi High Court has granted strong interim protection to actor and entrepreneur Vivek Oberoi, restraining the unauthorized exploitation of his personality and publicity rights. The Court passed an ex-parte ad-interim “John Doe” dynamic injunction, targeting not only identified defendants but also unknown and anonymous entities misusing his identity across digital platforms.
The order reinforces the evolving jurisprudence on personality rights in India, particularly in the context of rapidly advancing artificial intelligence technologies that can replicate a person’s face, voice, and likeness with alarming accuracy.
Background of the Case
The suit was instituted by Vivek Oberoi alleging large-scale, unauthorized misuse of his persona across various online platforms. According to the pleadings, several unidentified individuals and entities were:
- Creating fake social media accounts using his name and image
- Circulating AI-generated deepfake videos and morphed content
- Falsely suggesting his endorsement or affiliation with products and services
- Selling unauthorized merchandise bearing his identity
- Disseminating misleading, offensive, and potentially defamatory content
The plaintiff contended that such activities not only violated his legal rights but also caused serious damage to his reputation, goodwill, and commercial value, which could not be adequately compensated through monetary damages alone.
Relief Sought Before the Court
The actor approached the Delhi High Court seeking:
- An injunction restraining all defendants, including John Doe (unknown) parties, from using his name, image, voice, likeness, or other identifiable attributes without authorization
- Removal of infringing content such as videos, posters, postcards, social media posts, and AI-generated material
- Protection against future misuse through emerging technologies, including deepfake tools and artificial intelligence systems
Interim Order of the Delhi High Court
Justice Tushar Rao Gedela, after considering the pleadings and material on record, granted an ex-parte ad-interim dynamic injunction in favour of the plaintiff.
The Court restrained the defendants and all unknown entities from misappropriating, exploiting, or commercially benefiting from Vivek Oberoi’s personality rights, whether through conventional digital means or advanced AI technologies.
The injunction applies across platforms such as social media, e-commerce websites, video-sharing portals, and AI-based content generation tools.
Court’s Reasoning and Legal Findings
1. Strong Prima Facie Case
The Court held that the plaintiff had successfully established a strong prima facie case. It noted Oberoi’s long-standing presence as a prominent actor in Hindi and regional cinema, his entrepreneurial ventures, and his philanthropic engagements, all of which contribute to a distinct and recognisable public persona.
The Court observed that his name, voice, image, and likeness are uniquely associated with him and are immediately identifiable to the public.
2. Recognition of Personality and Publicity Rights
At the interim stage, the Court recognised that the proprietary and copyright-like interest in personality traits such as a person’s name, image, voice, and likeness cannot be doubted.
It held that these attributes form an inseparable part of an individual’s identity and are entitled to legal protection against unauthorized access and exploitation by unscrupulous actors.
3. Balance of Convenience in Favour of the Plaintiff
The Court found that the balance of convenience was clearly tilted in favour of Vivek Oberoi. Allowing continued circulation of deepfake content and impersonation would cause ongoing harm to his reputation and public image.
On the other hand, restraining the defendants would not cause any legitimate prejudice, as the activities complained of were unauthorized and unlawful in the first place.
4. Irreparable Harm Beyond Monetary Compensation
One of the most important aspects of the order is the Court’s emphasis on irreparable harm. It held that damage to reputation, personality, and public image—especially through misleading and offensive AI-generated content—cannot be adequately remedied through financial compensation alone.
The Court observed that the dent to a public figure’s image is real, present, and ongoing, warranting urgent judicial intervention.
Deepfakes and the Emerging Threat to Personality Rights
This case highlights the increasing legal challenges posed by deepfake technology. AI tools today can convincingly replicate a person’s voice, facial expressions, and mannerisms, making it difficult for the public to distinguish between genuine and fabricated content.
Such misuse poses serious risks, including:
- False endorsements and commercial exploitation
- Reputational harm through offensive or defamatory content
- Erosion of public trust
- Economic loss by diverting market opportunities
The Court’s order acknowledges this evolving threat and extends protection not only against present infringements but also against future misuse using advanced technologies.
John Doe and Dynamic Injunctions: Why They Matter
The grant of a John Doe injunction is particularly significant in digital cases where infringers often operate anonymously. A dynamic injunction allows the plaintiff to seek enforcement against new URLs, accounts, or platforms that may emerge over time without filing fresh suits.
Such remedies are increasingly being used by Indian courts to ensure that judicial protection remains effective and adaptable in the fast-changing online ecosystem.
Consistency with Evolving Indian Jurisprudence
The order aligns with a growing body of Indian case law recognising and enforcing personality and publicity rights of well-known individuals, including actors, sportspersons, spiritual leaders, journalists, and digital creators.
Courts have consistently acknowledged that in the digital age, identity itself has commercial and reputational value, deserving of legal protection against misuse.
Broader Legal Significance
This ruling is important for several reasons:
- Strengthens Personality Rights Law in India
It reinforces judicial recognition of personality rights as enforceable legal interests. - Addresses AI and Deepfake Misuse Head-On
The judgment directly engages with emerging technologies rather than treating them as peripheral concerns. - Guidance for Future Litigants
It provides a clear roadmap for public figures seeking urgent relief against digital impersonation. - Signals Judicial Readiness
The Court demonstrates its willingness to adapt traditional legal principles to modern technological realities.
Conclusion
The Delhi High Court’s interim order in favour of Vivek Oberoi marks a significant milestone in Indian digital and personality rights jurisprudence. By granting a dynamic John Doe injunction against unauthorized deepfake and persona misuse, the Court has sent a strong message that technological innovation cannot come at the cost of individual dignity, identity, and reputation.
As artificial intelligence continues to evolve, this decision is likely to serve as a crucial precedent, shaping how Indian courts balance free expression, technological growth, and the fundamental right to protect one’s identity in the digital age.
Also Read
