In a significant move, the Delhi High Court has protected the rights of Indian cricketer Abhishek Sharma, restraining third parties from any unauthorised misuse of his name, image, etc for commercial or personal gain. The order also covers the creation and dissemination of AI-generated content and the sale of unauthorised merchandise.
In an interim order dated July 9, Justice Jyoti Singh directed Meta Platforms, other online platforms, and e-commerce sellers hosting the infringing content to remove the offending links. Sharma's lawsuit alleged that several social media users had used artificial intelligence (AI) to create fake images and videos of him, damaging his reputation, commercial value, and dignity. The petition further claimed that certain social media accounts had shared morphed images containing abusive and offensive content, while others were selling apparel featuring his name, image, and likeness without his consent. The Court had earlier summoned the defendants in the lawsuit.
Observing that Sharma is a prominent member of the Indian national cricket team and an emerging international star, Justice Singh noted that the disputed content was "false and obscene" and portrayed the cricketer in a negative light. The court reiterated that
individuals whose personality rights are established are entitled to protection against the unauthorised use or commercial exploitation of their identity.
The Delhi HC had earlier issued summons to the defendants in the personality rights suit of Abhishek Sharma and also noted the submission of several offending URLs. The summonses and notices to the defendants were issued by Justice Jyoti Singh and directed that they would be given the notices through social media handles and other legally permissible modes.
An additional affidavit was placed by Sharma's advocate, Gaurav Bahl, who informed the High Court that several of the allegedly objectionable URLs concerned with the cricketer have been removed. Meanwhile, Advocate Varun Pathak, who represented Meta, submitted that only two URLs regarding the matter remained accessible across the social media platforms of the company.
Advocate Gaurav Bahl, who was representing cricketer Sharma, placed an additional affidavit on record and informed the Court that several of the allegedly objectionable URLs had since been removed. Appearing for Meta Platforms, Advocate Varun Pathak submitted that only two such URLs continued to remain accessible on the company's social media platforms.