attempt to tarnish his patriotic credentials, manipulate public perception, and
unlawfully interfere with the democratic electoral process.
40.
Learned Senior Counsel for the plaintiff submits that the unauthorized
cloning and exploitation of the plaintiff‟s likeness, voice and mannerisms
infringe his personality and publicity rights and also constitute a serious
violation of his Right to Privacy. Furthermore, the actions of the defendants
constitute the common law torts of passing off, misappropriation, and
dilution by tarnishment. The creation and dissemination of these
manipulated videos also amount to identity theft and forgery under Section
66C of the Information Technology Act, 2000, and Sections 335 and 340 of
the Bharatiya Nyaya Sanhita, 2023.
41.
It is submitted that in light of the plaintiff‟s highly distinguished
background as a former Under-Secretary- General of the United Nations, a
former Minister of State for External Affairs, and the Chairperson of the
Parliamentary Standing Committee on External Affairs, any statement
attributed to him regarding foreign diplomacy carries immense geopolitical
weight. There is immense public goodwill associated with his identity.
Therefore, by falsely portraying the plaintiff as endorsing the diplomatic
positions of a foreign nation, the unknown infringers have not only
committed a gross misappropriation of the plaintiff‟s personality rights, but
also jeopardized his institutional integrity and diplomatic standing. As such,
the impugned deepfakes have caused an irreparable harm to the plaintiff.
42.
The matter requires consideration. Accordingly, issue notice to the
defendants.
43.
Notice is accepted by learned counsels appearing for defendant nos. 3,
4 and 5.
Page 8 of 12
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