Gensol, Celebi, Online Gaming, Personality Rights, And More

“Technology must complement, not replace, the human mind in judicial decision-making; The emphasis must always be on using technology to enhance trust and transparency — never to replace the human conscience at the heart of justice.”
 - Chief Justice of India B.R. Gavai during his keynote speech at SOAS, University of London

Jaggi Vasudev and the developing law on personality rights
Isha Foundation founder Jaggi Vasudev becomes the latest example of famous persons needing the court’s assistance in protecting their personality and publicity rights in times of ever-expanding horizons of artificial intelligence and deep-fakes. 
There is no gainsaying the existence of photoshopped pictures, deep-fake video and audio clips that use likeness with famous celebrities. Such media is widely circulated for various purposes including humour, and many times even for clandestine ways to market or endorse things or even ideas.

With the AI technology making it near impossible to distinguish between what is real and what is fake, popular celebrities like Amitabh Bachchan, Anil Kapoor, Jackie Shroff and now Jaggi Vasudev have had to approach court to bar people from using anything even remotely resembling them for purposes not authorised by them. And rightly so!

The AI use to morph media prejudices famous persons’ interests who would otherwise leverage their celebrity status for their personal financial gains. A celebrity who could charge royalty for use of his voice would not want to lose this monetary source because an AI can unauthorisedly create audio to sound like him. Moreover, the potential danger the existence of technology to create deep-fakes puts famous persons in highlights the void in the law that needs filling. 

Naturally the law, when it was set out, did not anticipate AI, but now with the rapid rise of this technology, India’s legal system cannot afford to stall. These cases have shown the need for the jurisprudence to develop and develop fast. 

The Week That Was

Key Rulings

• Madras High Court upholds Tamil Nadu government’s rules that impose restrictions on online and real-money gaming platforms in the state including an imposition of night ban and cap on amount of money to be bet.

Courts 

• Karnataka High Court registered a suo moto case to take stock of stampede in Bengaluru after the city’s team won its first title in Indian Premier League.
• Delhi High Court gives interim relief to luggage company Mokobara and restrains individuals from making identical products as the company.
• Delhi High Court holds Ritz-Carlton as a well-known trademarks and bars Indian hotel operators from using the trademark.
• Jaipur’s royal family moves Supreme Court seeking possession of the town hall which is with the state government but is allegedly lying unutilised.
• Delhi High Court protects Isha Foundation’s founder Jaggi Vasudev’s personality rights and passes an order barring rogue individuals, platforms and websites from misusing AI to infringe his rights.

Quasi Courts

• NCLAT asks NCLT in Ahmedabad to hear BluSmart’s petition for defreezing its accounts on June 9 instead of later

The Big Listings:
June 9: NCLT in Ahmedabad to hear BluSmart’s petition to defreeze its accounts to facilitate, among others, making salary payments
June 9; Madras High Court to hear Turkish firm Celebi’s petition seeking protection against its replacement in Chennai Airport 
June 10: Gujarat High Court scheduled to hear Turkish firm Celebi’s plea to protect its interest in Ahmedabad Airport
June 12: The Ahmedabad bench of the NCLT to hear IREDA’s insolvency petition against Gensol Engineering
June 12: NCLT bench at Ahmedabad to hear Ministry of Corporate Affairs’ plea against Gensol Engineering alleging oppression and mismanagement
June 24: Madras High Court to hear Turkish firm Celebi’s petition challenging revocation of its security in Chennai Airport
July 2: Delhi local court to hold daily hearings in National Herald Case against Sonia and Rahul Gandhi
August 1: NCLT’s principal bench is scheduled to hear BPSL’s former promoter’s plea for initiating liquidation in line with top court’s order
August 20: Supreme Court to hear Flipkart’s appeal against a high court which affirmed CCI probe into the company

* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves 

• Shardul Amarchand Mangaldas announced partnership with Harvey AI across all of its offices
• Dhirubhai Ambani University’s School of Law enters into a memorandum of understanding with Washington DC’s International Law Institute for international legal training
• Divya Sharma appointed Head of Growth at Chandhiok & Mahajan
• Amit Jajoo, Sushmita Gandhi leave IndusLaw to join Trilegal
• Saraf & Partners promote three to partnership
• Lagna Panda joins AP & Partners as Partner
• Twelve lawyers appointed as Additional Advocate General in Allahabad High Court
• Rachika Sahay leaves Argus to join Cyril Amarchand Mangaldas, Oishika Dasgupta rejoins firm
• Thanuja Palla joins Hammurabi & Soloman as a partner
• Rupesh Mishra appointed Vice President and Legal Head at CapitaLand