Indian courts are now at the forefront of the legal battle against deepfakes in a country where the film industry is both culturally and economically dominant. Following the landmark ruling in favor of Anil Kapoor, globally known for Slumdog Millionaire, the Delhi High Court recently granted Aishwarya Rai Bachchan enhanced protection of her personality rights.
In that case, the actress petitioned the court to prohibit the unauthorized use of her name, image, and likeness in AI-generated content, including degrading deepfake videos and online ads. The judge found that dissemination of such content could cause irreparable harm to her reputation and dignity, and issued an interim injunction immediately barring any commercial or unauthorized use of her manipulated image. This demonstrates the responsiveness of Indian courts to the growing threat that deepfakes pose to celebrity rights.
Had a similar case been brought in France, the outcome would likely have been comparable but grounded on different bases: image rights under Article 9 of the French Civil Code, criminal provisions on unauthorized montages (Article 226-8 of the Penal Code), and, more recently, transparency obligations introduced by the June 9, 2023 law on digitally altered or artificial content.
The convergence is clear: courts in both India and France aim to swiftly halt violations of reputation and dignity while recognizing the significant economic value of celebrity images. The tools differ — personality rights in India, image rights and privacy in France — but the goal remains the same.
Special thanks to Pravin Anand of Anand and Anand, and an active member of ILAAI (International Law Association for Artificial Intelligence), for his pioneering role in these cases. Through its members, ILAAI stands at the forefront of judicial action and thought leadership on AI-related legal issues worldwide.
