In a significant development, the Delhi High Court has granted protection to the personality rights of India TV Chairman and Editor-in-Chief Rajat Sharma, ordering the immediate removal of content created through artificial intelligence (AI) and deepfake technology that misused his likeness and voice.
Justice Amit Bansal, in his ruling, restrained eight defendants—individuals and entities involved in the malicious creation and dissemination of AI-generated content—from exploiting Rajat Sharma's name, image, voice, photos, or videos for any personal or commercial gain without his express written permission. The court expressed concern over the potential harm caused by fraudulent content, particularly videos that misrepresented Sharma endorsing health products, which could mislead the public and endanger public health.
The court highlighted that the misuse of Sharma's persona in this manner posed a serious risk to public safety, especially when used to promote fraudulent health claims. "Considering the aforesaid, a prima facie case is made out in favour of the Plaintiffs and against the Defendants," the judge said in the order. "Balance of convenience is also in favour of the Plaintiffs and against the Defendants. Irreparable injury would be caused to the Plaintiffs if the Defendants are allowed to continue posting the aforesaid infringing posts/video."
In a key part of the ruling, the court directed Meta Platforms Inc. (owner of Facebook and Instagram) to immediately block or take down any infringing content shared by the defendants, including any AI-generated deepfakes or misleading videos. The court also granted Sharma and his legal team the right to request further takedown of any new infringing material that may appear on these platforms.
"The Plaintiffs shall be at liberty to approach Defendant No. 9 (Meta) requesting them to block/take down any such post/video/text or any material, which is published on its platforms or utilising its platforms," the court order stated. "They may file an affidavit to that effect before this Court," it added.
The case came to light when deepfake technology was used to create fake endorsements and misleading content in his name, resulting in public confusion and damage to his reputation.
The matter will now be heard on April 3, 2025, for further proceedings. The India TV Chairman and Editor-in-Chief was represented by a legal team consisting of advocates Saikrishna Rajagopal, Disha Sharma, Snehima Jauhari, and Deepika Pokhari
This ruling marks a crucial step in safeguarding the digital rights of public figures, especially in an era where AI and deepfake technologies can easily be manipulated to create harmful and deceptive content. The Delhi High Court's order sends a strong message about the importance of protecting an individual's personality rights in the digital age.
