The Delhi High Court, presided by Justice Amit Bansal, delivered a critical interim judgment in CS(COMM) 1147/2024, addressing the infringement of personality rights and misuse of artificial intelligence-generated content. The case was filed by veteran journalist Rajat Sharma, along with his media company, Independent News Service Private Ltd. (operating as India TV), against multiple known and unknown defendants accused of creating and disseminating deepfake videos and doctored content.
Represented by a team led by Mr. Saikrishna Rajagopal, the plaintiffs sought urgent relief against the defendants for misusing Mr. Sharma’s name, likeness, and voice in promotional content for unverified medical products. These included purported remedies for diabetes, joint pain, and other health conditions falsely attributed to Sharma’s endorsement. The plaintiffs further alleged the infringement of India TV’s registered trademarks and copyrights, which included flagship programs like Aap Ki Adalat and Aaj Ki Baat: Rajat Sharma Ke Saath.
The defendants were accused of creating these deceptive materials using deepfake and AI technologies, tarnishing Sharma’s professional reputation and misleading the public. The plaintiffs argued that such actions not only violated personality and intellectual property rights but also posed significant risks to public welfare by promoting fraudulent health products.
Key Observations of the Court
The Court acknowledged the unique standing of Rajat Sharma, emphasizing that misuse of his persona carried heightened risks due to his trusted reputation as a journalist. Justice Bansal stated:
– “Any false endorsement purporting that Plaintiff No. 1 endorses fraudulent remedies for serious health concerns such as diabetes and joint pain constitutes a grave misuse of personality rights.”
– “The misuse of Plaintiff No. 1’s persona for fraudulent health claims exacerbates the propensity for harm, potentially endangering the health and safety of countless individuals who rely on the purported endorsement.”
The Court further remarked that such actions strike at the foundation of Sharma’s professional integrity and public trust.
The Court’s Orders
The Court issued comprehensive interim directions to curb the misuse of personality rights and intellectual property:
1. Immediate Takedown of Content: Defendants, including Meta Platforms Inc. (Facebook), were directed to remove AI-generated deepfake content and provide identifying details of the perpetrators.
2. Injunction Against Misuse: The defendants and their affiliates were restrained from exploiting Sharma’s persona or using India TV’s trademarks and copyrighted materials for any commercial or personal gain.
3. Future Monitoring: The Court allowed the plaintiffs to report additional infringing content discovered during the case and seek its removal.
4. Government Action: The Department of Telecommunications and Ministry of Electronics & IT were directed to ensure compliance and prevent further dissemination of infringing content.
