A single-judge Bench of Justice Tushar Rao Gedela passed the interim order while hearing a commercial suit filed by Goenka against Google LLC and other intermediaries, alleging large-scale misuse of his persona through defamatory and misleading content on social media platforms.<\/p>\r\n\r\n
In its order, the Delhi High Court observed that Goenka had made out a \u201cprima facie strong case\u201d and held the balance of convenience lay in his favour, adding that failure to grant interim relief could cause \u201cirreparable injury\u201d to his reputation. It further recorded that the plaintiff is a \u201cdistinguished and internationally recognized business leader, philanthropist, and a visionary entrepreneur\u201d who heads the RP-Sanjiv Goenka Group, a multi-billion dollar conglomerate with diversified business interests.<\/p>\r\n\r\n
The suit alleged that various social media posts, videos and AI-generated content were misusing Goenka\u2019s identity, portraying him in a derogatory manner, spreading fake news and causing reputational harm. Referring to the material placed on record, the Delhi High Court said that several posts and video reels were \u201cdownright derogatory and use expletives, which are unpalatable in any civil society\u201d, and went beyond permissible parody. \u201cThe nature of the contents\u2026 do not fall within the ambit of mere parody, lampooning or caricature\u2026 many of them infringe on the plaintiff's personality rights, particularly those which are generated by AI,\u201d the order said.<\/p>\r\n\r\n
Justice Gedela also observed that several posts and video reels placed on record were \u201cdistasteful\u201d and portrayed the plaintiff in a poor light, while also appearing to spread fake information. Referring to several precedents, the judge said, \u201cThe right of publicity protects against the unauthorised appropriation of an individual's very persona which would result in unearned commercial gain to another.\u201d<\/p>\r\n\r\n
In its directions, the Delhi High Court restrained unknown defendants (John Doe entities) and others from using or exploiting Goenka\u2019s name \u2014 including variants such as \u201cSanjeev Goenka\u201d and \u201cS. Goenka\u201d \u2014 as well as his image, likeness and other identifiable attributes without authorisation, including through technologies such as AI, deepfakes, machine learning and chatbots.<\/p>\r\n\r\n
Justice Gedela also observed that several posts and video reels placed on record were \u201cdistasteful\u201d and portrayed the plaintiff in a poor light, while also appearing to spread fake information. Referring to several precedents, the judge said, \u201cThe right of publicity protects against the unauthorised appropriation of an individual's very persona which would result in unearned commercial gain to another.\u201d<\/p>\r\n\r\n
Justice Gedela has listed the matter before the Joint Registrar on July 16 for completion of pleadings and before the Delhi High Court on September 18 for further hearing.<\/p>\r\n\r\n