Preity G. Zinta v. Google LLC & Ors.

Relevant Acts and provisions

Copyright Act, 1957

Section 38-B

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

Rule 3(1)(b)

Provisions considered: Section 38-B of the Copyright Act, 1957; Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; Articles 19(1)(a) and 21 of the Constitution of India.

Brief facts

The plaintiff, a well known Indian actress with a career of over 25 years and 42 films, sued Google and several other platforms. She said that people had been using her name, photographs and voice without permission to create AI generated deepfake videos, morphed photographs, chatbot personas pretending to be her, and merchandise carrying her image. Her counsel pointed to roughly 275 links across YouTube, Facebook, Instagram and X where such content had been posted. Along with her personality and publicity rights, she argued that this tampering with her image also hurt her moral rights as a performer under Section 38-B of the Copyright Act, 1957.

Issues before the Court

1. Whether the Plaintiff's name, signature, image and likeness, voice, mannerisms, caricature and persona constitute protectable personality traits flowing from her personality and publicity rights.
2. Whether such personality and publicity rights are grounded in Article 19(1)(a) and Article 21 of the Constitution of India, together with her moral rights under Section 38-B of the Copyright Act, 1957.
3. Whether the unauthorised creation and dissemination of AI-generated deepfakes, morphed images, voice simulations, chatbot personas, GIFs and merchandise using the Plaintiff's identity amounts to misappropriation of her personality and publicity rights and infringement of her moral rights.
4. Whether a strong prima facie case, balance of convenience and irreparable injury are made out to justify ad-interim injunctive relief pending the suit.
5. Whether the intermediary Defendants can be directed, consistent with Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to take down or block identified infringing content and to act on future notifications of similar content.
6. Whether the domain name registrar Defendants can be directed to disclose registrant details of platforms hosting infringing content.

Court's findings

The Court found a strong prima facie case on the material placed before it, including several sets of images and screenshots showing AI generated, morphed and deepfake content. It was concerned about how fast and far such content can spread once online: unlike a single defamatory statement, this kind of content can be copied endlessly, so money alone cannot repair the damage. This was central to why the Court granted urgent ad interim protection rather than waiting for a full hearing. On intermediary obligations, counsel relied on Rule 3(1)(b) of the IT Rules, 2021. None of the defendants opposed the reliefs sought. The defendants flagged the practical difficulty that future links notified by the plaintiff might turn out to be genuine material; the Court accepted an arrangement under which they would communicate detailed objections to the plaintiff's advocates, with liberty to approach the Court.

Decision

The Court granted ad interim relief to continue until further orders. Specific defendants were restrained from exploiting her name, image, voice and other personality traits through any technology, including AI chatbots, deepfakes and face morphing. Google, Instagram and other named platforms were directed to take down the identified infringing links within 72 hours and to act on further similar links notified by the plaintiff. Other defendants were directed to remove specific chatbot characters, GIFs and images, and one defendant was directed to block the creation of new AI characters using the plaintiff's name and image. Domain registrars were directed to disclose registrant details for infringing domains on request.

Keywords

AI Deepfakes Intermediary Liability Moral Rights of Performers Personality Rights Publicity Rights Section 38-B Unauthorised Digital Content