Syllabus: Indian Constitution – features, amendments, significant provisions and basic structure
Case Background and Judicial Proceedings
- Delhi High Court issued notice to Salman Khan on January 21, 2026.
- Application filed by a China-based AI voice platform seeking to vacate interim injunction.
- Main matter heard by Joint Registrar (Judicial) on January 23, 2026.
- Chinese platform’s application listed for February 27, 2026.
Scope of Defendants and “John Doe” Mechanism
- Original suit named 28 defendants, including Apple, Google, Meta, X, and e-commerce platforms.
- Intermediaries such as Telegram FZ LLC were also impleaded in the proceedings.
- Unknown persons joined as “John Doe” or “Ashok Kumar” for unidentified infringers.
- Chinese AI platform added later as Defendant No. 35, pending formal impleadment.
Legal Basis of Personality Rights
- Supreme Court in Puttaswamy (2017) recognised privacy as a fundamental right under Article 21.
- Courts treat unauthorised commercial use of persona as infringement of the right to life.
- Personality rights protect the economic value of identity, especially for public figures.
- Rights remain distinct from statutory intellectual property protections.
Judicial Trends and Expression Balance
- 2025 Aishwarya Rai case restrained unauthorised use of celebrity identity.
- Courts restricted false impersonation, manipulated images, and misleading AI-generated content.
- Article 19(1)(g) business freedom is subject to reasonable restrictions.
- Artistic expression protected unless it misleads the public or implies endorsement.
- Foreign entities cannot invoke Article 19 before Indian courts.
Technology and Regulatory Context
- Government banned 200+ Chinese apps in 2020 under Section 69A of IT Act.
- Digital Personal Data Protection Act, 2023 enacted, but enforcement remains pending.
- Regulatory gaps persist in AI-driven voice and impersonation platforms.
- Nandan Nilekani highlighted voice-based AI as critical for digital equity.
Procedural and Policy Implications
- Celebrity suits filed under Commercial Courts Act, 2015.
- Courts allow interim injunctions without upfront court fees, drawing scrutiny.
- IT Rules, 2021 provide takedown mechanisms, but grievance redressal remains limited.
- Case raises concerns over digital impersonation affecting celebrities and ordinary citizens.