Let’s consider the past few months. How many instances did we hear of Bollywood celebrities’ deepfake videos circulating online? From a ‘Get ready with me’ video claiming to feature Alia Bhatt, to a 40-second clip of Ranveer Singh purportedly endorsing a political party, deepfake videos are getting more frequent, and more alarming. While this has naturally sparked a dialogue about misuse of artificial intelligence (AI), Anil Kapoor, last year, may have set a precedent for Bollywood stars.

In September 2023, the Delhi High Court ruled in Kapoor’s favour when he appealed for the protection of his personality rights. The actor, 67, had highlighted his concern about AI being misused, and sought to restrain unauthorized parties from using his name, voice, image, likeness, and iconic dialogues, without his explicit consent, for commercial gains. His counsel, led by Ameet Naik, had provided various instances of misuse of his attributes, which led the court to grant the order that protects the actor’s rights across all media.

At a time when AI’s rapid advancement has caught the world’s attention, leaving many in awe of its potential, what motivated Kapoor to take legal action? The actor points towards the lack of stronger regulations in India.

Over an e-mail interview, he tells mid-day, “The rapid advancement of AI has transformed the creative and entertainment industries. The changing landscape of the industry, digital media, and the Screen Actors’ Guild protests in the United States necessitated a need for stronger protection of image and attributes. Recognizing these challenges and the nascent state of AI regulations in India, I felt it was imperative to take legal action to protect my attributes, and prevent misuse of my name and image.”

When the actor’s team was gathering information to file the suit, they came across several instances of AI-generated content. There were also many examples of commercial exploitation of his name and image —from a brand of face masks using his image to endorse the line, to the use of his voice for ringtones. As expected, many merchandise lines blatantly used ‘jhakaas’, which has become his catchphrase of sorts since he first used it in Yudh (1985). 

But the most concerning were the deepfake videos. “Some of these videos not only utilise the face, but also mimic the voice,” he states. The existence of one particular video emphasised to him that he was right in seeking legal recourse and pre-empting further attacks.

“We actually came across some obscene content where they had morphed my face onto a woman’s body in inappropriate situations. Such content is not only obscene and vulgar, but also very disturbing to watch.”

To him, the biggest cause of worry is that such misuse and disinformation could impact his reputation that he has painstakingly built over the last four decades. He fully understands that as a public figure, part of his success is determined by the amount of goodwill he has developed among the masses.

“As an actor, your image and voice are your most valuable assets. AI gives people an easy way to utilize these attributes for their own benefit. It is not only limiting potential professional opportunities, but new business avenues as well. Additionally, unauthorized use can dilute the brand I have built over decades of my career. If my image is associated with content that I have not signed off on, it can negatively affect how the public perceives me. There’s also the risk of reputation damage from realistic deepfakes that might show me in compromising situations.”

Public trust is the biggest reward he has accrued over the years, he says. “Fans and the general public might find it difficult to distinguish between genuine and AI-generated content, which can erode their trust in my authentic work and appearances. I always aim to be authentic and genuine, and it is important for fans and the public to see that.”

Kapoor hails the Delhi High Court’s ruling. At a time when celebrities have found themselves as unsuspecting targets of the dark web, Indian courts taking proactive action sends the right message. “I think this is a great step forward in law, and we are one step further to stronger protection of personality rights in India,” Kapoor says.

AI’s advancement with every passing day has brought advantages that we hadn’t quite imagined. That’s equally true of the disadvantages too. Which is why Kapoor keeps emphasizing the need to be proactive.

“It’s important to work closely with the legal experts to watch the latest developments in AI and their potential ramifications. As AI develops, it’s possible new kinds of regulations may come into play along with new technology to help regulate the circulation of unauthorized content. Overall, it’s about staying vigilant, being proactive, and leveraging both legal and technological tools to protect [one’s] personality rights.”

How will he then balance his personality rights with the public’s right to free speech? The actor agrees it will be tricky. In such a scenario, it all boils down to “intent”.

“People have the right to express themselves, including through parody, satire, and commentary. To find this balance, I think it’s essential to focus on intent and context. This plays an integral role in understanding whether the content is trying to commercialize, defame, or mislead.”

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In September 2023, the Delhi High Court ruled in Anil Kapoor’s favour when he appealed for the protection of his personality rights across all media.

The HC order restrains unauthorized parties from using the actor’s name, voice, image, likeness, and iconic dialogues, without his explicit consent, for commercial gains. More importantly, it also protects him against use of his image in deepfake videos.

The order, if granted, protects celebrities from falling prey to morphed images, deepfake videos and any malicious kind of AI-generated content.