Delhi HC protects Abhishek Bachchan’s personality rights, bars misuse of his name

The Delhi High Court has protected the personality rights of Bollywood actor Abhishek Bachchan, barring online platforms from illegally using his name or images for commercial gain.

The high court said it was clear that the attributes of Bachchan’s persona, including his name, images and signature, are being misused by the defendant websites and platforms without authorisation from him, by employing technological tools such as Artificial Intelligence.

“These attributes are linked to the plaintiff’s professional work and associations in the course of his career. The unauthorised use of such attributes has the effect of diluting the goodwill and reputation associated with him,” Justice Tejas Karia said in an order passed on September 10 and was made available on Friday.

The high court said Bachchan has established a good prima facie case for the grant of an ex-parte injunction and the balance of convenience also tilts in his favour.

“The balance of convenience lies in favour of the plaintiff and if an injunction is not granted in the present case, it will lead to an irreparable loss or harm to the plaintiff and his family, not only financially but also with respect to his right to live with dignity,” it said.

The court passed the interim order on a plea by Bachchan seeking to protect his personality rights and restrain online platforms from illegally using his name, images and AI-generated inappropriate and sexually explicit content.

The suit relates to misappropriation of various aspects of Bachchan’s personality, including his name, image, likeness, persona and voice by the defendants for their commercial gains, without consent.

The right to publicity, popularly known as personality rights, is the right to protect, control and profit from one’s image, name or likeness.