Delhi HC Protects Personality Rights of boAt Co-Founder Aman Gupta

The Delhi High Court in 2026 passed an order protecting the personality rights of Aman Gupta, co-founder and Chief Marketing Officer of boAt, the popular consumer electronics brand. The Court restrained unnamed entities from using Gupta's name, image, likeness, or voice without authorisation, particularly in connection with fraudulent endorsements, misleading advertisements, and AI-generated deepfake content. The order adds to a growing body of Indian jurisprudence recognising that public figures have enforceable rights over the commercial use of their persona.

What Are Personality Rights Under Indian Law

Personality rights in India are not codified in a single statute but derive from a combination of constitutional provisions, common law principles, and intellectual property law. The right to privacy under Article 21 of the Constitution, as expanded by the Supreme Court in K.S. Puttaswamy v. Union of India (2017), provides the foundational basis. The right of publicity, which is the right to control the commercial exploitation of one's identity, has been developed through judicial decisions rather than legislation. Indian courts have recognised two components: the right to privacy, which protects against unauthorised intrusion into personal life, and the right of publicity, which protects the commercial value that a public figure's identity commands. Previous landmark orders have protected personalities such as Amitabh Bachchan, Anil Kapoor, and Jackie Shroff from unauthorised commercial exploitation.

The Threat of AI-Generated Deepfakes

A significant aspect of the Aman Gupta case was the Court's attention to AI-generated content. Deepfake technology has made it possible to create highly realistic videos and audio clips that depict individuals saying or doing things they never actually said or did. For public figures, this technology poses a dual threat: it can be used to create fraudulent endorsements that mislead consumers into purchasing products or investing in schemes, and it can damage the individual's reputation by associating them with products, services, or statements they would never endorse. Gupta's application highlighted instances where his likeness and public persona were being used without consent to promote products and schemes with which he had no association, including through digitally manipulated content.

What the Delhi High Court Ordered

The Delhi High Court granted an ex parte ad interim injunction restraining all persons and entities from using Aman Gupta's name, image, likeness, voice, or any attribute of his personality for commercial purposes without his written consent. The order specifically addressed the creation and dissemination of deepfake content using his persona. The Court also directed intermediaries, including social media platforms and domain registrars, to take down infringing content and disable access to websites, applications, and accounts that were using Gupta's personality attributes without authorisation. The breadth of the order reflected the Court's recognition that in the digital age, personality rights violations can proliferate rapidly across multiple platforms and jurisdictions.

The Growing Need for a Legislative Framework

While the Delhi High Court's order provides robust protection to Aman Gupta individually, the broader question of whether India needs a statutory framework for personality rights remains open. Currently, individuals must approach courts on a case-by-case basis to obtain injunctions, which is both time-consuming and accessible mainly to those with the resources to litigate. A dedicated statute could establish clear definitions of personality rights, create registration mechanisms, prescribe penalties for violations, and impose obligations on intermediaries to proactively monitor for infringement. The Digital Personal Data Protection Act, 2023 addresses data privacy but does not specifically cover the commercial exploitation of a person's identity or the creation of AI-generated impersonations. The Information Technology Act, 2000 and its amendment rules address some aspects of deepfake content but lack specific provisions on personality rights.

Key Takeaways

The Delhi High Court's protection of Aman Gupta's personality rights reinforces the judicial trend of recognising and enforcing publicity rights in India. The specific attention to AI-generated deepfakes reflects the Court's awareness of emerging technological threats to individual autonomy and commercial identity. For businesses and content creators, the order serves as a reminder that using a public figure's persona without authorisation, whether through traditional means or AI-generated content, carries legal consequences. The case also highlights the urgent need for India to develop a comprehensive legal framework that addresses personality rights, deepfake regulation, and intermediary liability in a cohesive manner rather than relying on piecemeal judicial orders.