The usually quiet vacation court of the Bombay High Court saw an intense hearing when actress Shilpa Shetty Kundra approached the bench over what her lawyers described as a “disturbing misuse of technology.” The case revolved around alleged AI-generated obscene deepfake images circulating online, purportedly using her likeness without consent. Justice Advait M. Sethna, presiding over the matter, did not hide his concern as the arguments unfolded.
Background
Shilpa Shetty Kundra moved an interim application in a commercial intellectual property suit, complaining that unknown persons had created and circulated sexually explicit deepfake images using her photographs. According to her counsel, these images were being shared across multiple websites and social media platforms, causing ongoing harm.
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Her legal team told the court that as a well-known public figure with a massive online following, any such content spreads rapidly and leaves lasting damage. The application sought immediate directions to various online platforms and intermediaries to take down the infringing URLs. The court record showed that several defendants had already been served, and some platforms had removed links after being notified.
Court’s Observations
After examining the material placed on record, the bench made it clear that the images were, at least prima facie, troubling. Justice Sethna remarked that the content appeared to be AI-generated deepfakes that could seriously tarnish a woman’s public image.
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“The bench observed, ‘No person, much less a woman, can be portrayed in a manner that affects her fundamental right to privacy and dignity, and that too without consent.’”
The court noted that while it was not yet deciding the larger question of personality rights under copyright law, the issue of privacy under Article 21 of the Constitution could not be ignored. Reconstructing someone’s identity digitally without permission, the judge said, strikes at the very idea of dignity and digital personhood. Technology, he added, should be a tool for progress, not a weapon for humiliation.
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Decision
Concluding that urgent protection was necessary, the vacation court directed all defendants to delete the identified URLs from their platforms immediately, no later than the order being uploaded. The Ministry of Electronics and Information Technology and the Department of Telecommunications were also ordered to pull down all links, posts, and websites unlawfully infringing the actress’s privacy. The court clarified that its observations were only prima facie, leaving all other issues open for final adjudication before the regular bench.
Case Title: Shilpa Shetty Kundra vs. Getoutlive.in & Others
Case No.: Interim Application (L) No. 38469 of 2025 in Commercial IP Suit (ST) No. 38338 of 2025
Case Type: Commercial Intellectual Property Suit (Interim Application – Personality Rights & Privacy)
Decision Date: 26 December 2025
