Shilpa Shetty personality rights case: HC questions use of AI without permission

The Bombay High Court has reportedly raised questions about the legality of artificial intelligence tools that simulate the personalities of celebrities without their consent, highlighting growing concerns around digital identity and personality rights in the age of generative AI.

The observations were made while the court was hearing actor Shilpa Shetty Kundra’s personality rights suit, which has drawn attention to how generative AI technologies can recreate a person’s persona and make it interactable to the public, according to media reports.

According to one of the reports, Justice Sharmila Deshmukh asked the platform’s counsel how a system could create a simulated version of a public figure and make it available for public interaction without consent. The court’s remarks reflected broader legal uncertainty around the use of generative AI to replicate real people’s identities.

Justice Deshmukh remarked that such platforms knowingly generate fictional identities based on real individuals. “How can AI create somebody’s personality in this manner without their permission and make it available to the general public?” the Court asked.

The Bench also raised concerns over commentary on ongoing court proceedings being shared on platforms such as YouTube. During the hearing, the judge questioned whether individuals have the right to publicly discuss active court matters through such videos.

The judge further noted that established news organisations are typically responsible for providing verified and contextual reporting on court proceedings, and questioned how unverified online commentary could be prevented from potentially maligning parties involved in a case.

Lawyers appearing for platforms including Google and Tenor informed the court that URLs flagged as infringing had been taken down from their services once they were brought to their attention.

The case has also touched on e-commerce listings where products allegedly used Shetty’s name, image or persona without authorisation. Certain product listings were removed from Amazon and other platforms after concerns were raised about the misuse of her identity.

However, Shetty’s legal team reportedly questioned whether these actions were sufficient, pointing out that similar content continued to appear across different websites and platforms.

Background of the Case

The case Shilpa Shetty v. getoutlive.in & Ors. forms part of a broader legal action filed by the actor seeking protection of her personality rights, privacy and reputation. She has alleged that unknown individuals and platforms have used her photographs, likeness and identity to create AI-generated deepfakes, morphed visuals and simulated interactions without consent.