HC orders deletion of morphed content of Shilpa Shetty from social media platforms
A single-judge bench of justice Advait Sethna, after perusing the material placed before it, termed the content “extremely disturbing” and observed that no individual can be portrayed in a manner that compromises their fundamental right to privacy and the right to live with dignity
MUMBAI: The Bombay High Court on Friday directed multiple social media platforms to take down content allegedly carrying morphed images and videos of actor Shilpa Shetty, holding that such content violated her right to privacy and dignity.
A single-judge bench of justice Advait Sethna, after perusing the material placed before it, termed the content “extremely disturbing” and observed that no individual can be portrayed in a manner that compromises their fundamental right to privacy and the right to live with dignity.
Shetty had approached the high court on November 25 seeking protection of her personality rights, including her name, voice, image, signature, likeness and other identifying attributes. The suit, filed through advocate Sana Raees Khan, named 28 allegedly unauthorised entities accused of commercially exploiting her persona. Shetty contended that such misuse was likely to mislead audiences, dilute her reputation and create confusion regarding endorsements or associations.
According to the plea, various e-commerce and social media platforms had content extracted from her films and public appearances, associated with some endorsements, without her consent. Apart from that, she also alleged that her voice, likeness and caricatures were being reproduced using AI in a manner that subjected her to ridicule, “unsavoury humour” and reputational harm, in violation of her moral and statutory rights.
Citing her “immense popularity in India and abroad”, Shetty asserted that no individual or entity could imitate, exploit or profit from any aspect of her personality without explicit authorisation. She further argued that merely blocking specific accounts or URLs was inadequate and sought a dynamic injunction to restrain ongoing and any future misuse.
{{/usCountry}}Citing her “immense popularity in India and abroad”, Shetty asserted that no individual or entity could imitate, exploit or profit from any aspect of her personality without explicit authorisation. She further argued that merely blocking specific accounts or URLs was inadequate and sought a dynamic injunction to restrain ongoing and any future misuse.
{{/usCountry}}During the hearing, Shetty also submitted that several websites and social media platforms also contained posts depicting her in compromising positions, including deepfake images and pornographic videos generated using artificial intelligence. The content, Shetty argued, objectified and sexualised her and violated her modesty. “These videos are created using generative AI and are highly morphed to look like Shetty. Some of the images are highly disturbing and have violated Shetty’s modesty as a woman”, advocate Khan said.
{{/usCountry}}During the hearing, Shetty also submitted that several websites and social media platforms also contained posts depicting her in compromising positions, including deepfake images and pornographic videos generated using artificial intelligence. The content, Shetty argued, objectified and sexualised her and violated her modesty. “These videos are created using generative AI and are highly morphed to look like Shetty. Some of the images are highly disturbing and have violated Shetty’s modesty as a woman”, advocate Khan said.
{{/usCountry}}Observing that Shetty is an actress with over three crore followers on Instagram, the court said that portraying her inappropriately without consent could seriously tarnish her image and reputation. The bench accordingly directed the Department of Telecommunications to ensure the removal of all infringing links and posts.
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