Delhi High Court Protects Personality Rights Of Journalist Rajat Sharma, Orders Take Down Of Deepfake Content

The Delhi High Court has protected the personality rights of senior journalist Rajat Sharma and ordered take down of content generated against him through artificial intelligence and deepfake technology.

Justice Amit Bansal restrained 8 defendant individuals and entities from directly or indirectly misusing, misappropriating or exploiting the name, likeness, image, voice, photos, videos etc for any commercial or personal gain through AI or deepfake technology, without express written authorization of the senior journalist.

The Court passed an ad interim injunction order in favour of Sharma in his suit against the defendants, alleging that they were perpetuating gross misinformation, including through wrongful use of AI technology for creation of doctored videos bearing distorted, modified and modulated images or voice and other personality traits of Sharma.

Sharma also alleged that the defendants were unauthorisedly using and infringing various registered trademarks of INDIA TV, along with copyright in its 'AAJ KI BAAT: RAJAT SHARMA KE SAATH' show footage.

It was submitted that the misuse of Sharma'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.

“Considering the aforesaid, a prima facie case is made out in favour of the Plaintiffs and against the Defendants. Balance of convenience is also in favour of the Plaintiffs and against the Defendant. Irreparable injury would be caused to the Plaintiffs if the Defendants are allowed to continue posting the aforesaid infringing posts/video,” the Court said.

It directed Meta Platforms Inc. to immediately block or take down the impugned content of the Defendants.

“In case the Plaintiffs, during the pendency of the suit discovers any more false, fake and infringing videos not originating from or associated with the Plaintiffs, the Plaintiffs shall be at liberty to approach Defendant No. 9 requesting them to block/take down any such post/video/text or any material, which is published on its platforms or utilizing its platforms, and file an affidavit to that effect before this Court,” the Court said.

The matter will now be heard on April 03, 2025.

Sharma was represented by Advocates Saikrishna Rajagopal, Disha Sharma, Ms. Snehima Jauhari and Deepika Pokhari.

Title: RAJAT SHARMA & ANR v. TAMARA DOC & ORS.

Citation: 2024 LiveLaw (Del) 1365

Click here to read order