Shilpa Shetty's plea: Bombay HC orders removal of AI-generated deepfakes
What's the story
The Bombay High Court has ordered the immediate takedown of all URLs hosting AI-generated deepfake content targeting actor Shilpa Shetty Kundra. The court observed that the material was "prima facie extremely disturbing and abhorrent." This came after Shetty Kundra filed a plea flagging the circulation of pornographic AI-generated deepfake images of her. Her counsel told the court that some of these images were uploaded online just two days ago, necessitating immediate action.
Legal argument
Shetty Kundra's counsel highlighted violation of personality rights
Advocate Sana Raees Khan, representing Shetty Kundra, highlighted images circulating online that allegedly showed the actor "in an inappropriate and unacceptable fashion." The bench of Justice Advait Sethna observed that "these pictures prima facie appear shocking." Khan contended that the content infringed Shetty Kundra's personality rights, including her constitutional right to privacy and dignity under Article 21.
Court's stance
Court emphasized on protecting Shetty Kundra's fundamental rights
The court clarified it was not addressing the wider question of personality rights under the Copyright Act at this stage. However, it noted that the material placed on record was deeply concerning. "No personality, much less a person and or a woman can be portrayed in a fashion which affects her fundamental right to privacy and that too, without her knowledge and or consent," said the bench.
Constitutional duty
Court highlighted its duty to protect Shetty Kundra's rights
The court stressed its constitutional obligation to safeguard Shetty Kundra's rights under Article 21, including her fundamental rights to privacy and dignity. Khan further submitted that Shetty Kundra, a well-known film personality with a strong social media presence, would suffer serious reputational harm if such content continued to circulate. The court agreed, observing that this could not be "countenanced." Concluding that the "interest of justice would be served," the bench ordered all defendants to immediately remove the specified URLs.