Delhi HC protects personality rights of Telugu actor Akira Nandan; halts release of AI film using his identity
Defendant 1 had created and circulated AI-morphed content of the plaintiff including a movie titled ‘AI Love Story’
Defendant 1 had created and circulated AI-morphed content of the plaintiff including a movie titled ‘AI Love Story’
The grievance of the plaintiff arose from the manufacture, sale, promotion, and distribution of merchandise such as T-shirts, posters, mugs, keychains, and other products bearing his name, photographs, likeness, and persona, without authorisation.
“A person’s much less a woman’s dignity cannot be publicly maligned or defamed that too without consent which is the sine qua non for such publications.”
While the media enjoys freedom of speech and expression, but such right is not absolute and stands correspondingly delimited by the right of an individual to dignity and reputation.
“If it is intended to be a voluntary act, appropriate provisions clearly specifying such fact ought to have been incorporated in the form by providing option to the parents to refuse to submit their consent or to opt out of it entirely.”
“The Act does not create new constraints; rather, it operationalises the constitutional duties through a registration-cum-standards regime, a transparency mandate, and enforceable minimum requirements for emergency care and stabilisation.”
“It enables the Court to secure important documentary evidence that may be in the possession of individuals or organization and helps prevent the destruction, tampering or loss of crucial documents, thereby maintaining the integrity of the judicial process.”
Read about MeitY’s SOP mandating a 24-hour deadline to remove non-consensual intimate imagery online, empowering victims to reclaim their digital dignity.
“Scientific procedures, however advanced, cannot be employed as instruments of speculation; they must be anchored in demonstrable relevance to the charge and justified by compelling investigative need.”
“Since the film is an inspiration and a fiction, some amount of leeway is certainly permissible and merely because the same is done, it cannot be said that there has been any sensationalization or false portrayal.”
“The exemption under Section 8 of the RTI Act is available to information which would impede the process of investigation or apprehension or prosecution of offenders.”
While quashing multiple FIRs under UP Conversion Act, 2021, the Court observed that statutory requirement of making public the personal details of each person who has converted to a different religion, may require a deeper examination.
“Both in the context of images and videos, the morphing is so sophisticated and deceptive that it is virtually impossible to discern that the same are not genuine images/videos of the Akshya Kumar.”
“The balance of convenience does not persuade this Court to grant a blanket stay on the impugned Survey.”
“The concerned Court has treated the DNA test as a frolicsome act and ordered as a matter of course. Right to privacy and dignity is lost sight of.”
“The evidence is to be led by both the sides, but the question arises, when the paternity can be affixed by surer test, then why decision based on legal presumption or gathering of inference, on the basis of the evidence or any gap, on account of misjudgment, be left.”
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“The accused is entitled to a fair opportunity to disprove the allegations against him. Denial of access to forensic comparison in the face of specific electronic material forming part of defence evidence amounts to curtailment of such a right.”
“The husband cannot compel the wife to share her passwords of the cellphone or bank account and such an act would amount to a violation of privacy and potentially, domestic violence. There should be a balance between marital privacy and the need for transparency and at the same time trust in the relationship.”