The Delhi High Court on Friday (November 7) directed Google LLC to take down, within 36 hours, two 'rogue' YouTube channels hosting and circulating deepfake and fabricated videos in the name of India TV Chairman and Editor-in-Chief Rajat Sharma.
Justice Manmeet Pritam Singh Arora, in her order, asked Google to disclose BSI details, access and contact details and monetisation data of the two channels to Rajat Sharma within one week.
Rajat Sharma had filed an application in his already pending personality rights suit seeking removal of deepfake content about him that is being circulated on YouTube. He had asked the court to make YouTube a party to the suit and to pass orders for removal of YouTube channels that were creating and disseminating his deepfakes, giving fake investment advice to people.
The High Court said Rajat Sharma can approach YouTube in the future if more such deepfake videos of him surface, and the social media platform must take steps to take them down in 48 hours.
Justice Arora remarked that once a person says that his deepfake videos are being generated and circulated on social media platforms, the intermediaries must ideally act on the same.
She said people should not be forced to come to courts for such issues like these, and the existing statutory mechanism must work.
"Once a party, whose deepfake is being made, says it is a deepfake, where is the question of investigation?", the judge told the counsel for Google LLC.
"Such repeated instances have turned the court into a grievance redressal forum. People should not be made to come to court for issues like these unless it is a contested issue…Why am I being made the grievance redressal officer (of the social media intermediary)?", Justice Arora remarked.
The order said, "Keeping in view the averments made in the application categorically asserting the videos uploaded on these channels are fake, doctored and AI-generated, impersonating plaintiff no.1 (Rajat Sharma) and spreading misinformation, the court is satisfied that the plaintiff has made out a case for issuance of directions as prayed for".
The High Court directed Rajat Sharma and Google LLC to have a mutual meeting, where the former can bring to the attention of Google all deepfake content about him posted on the social media platform.
The court asked Google to ensure that identical contents are removed to obviate the plaintiff’s onus of making an endeavour to search such content on the channels.
"The action is not only necessary to protect the plaintiff's common law rights and statutory rights but also to help in stopping the spreading of misinformation", Justice Arora wrote in her order.
The High Court also allowed a fresh interim application from Rajat Sharma in his suit seeking protection of his personality rights.
In his petition, Rajat Sharma had alleged that some rogue "channels were perpetuating gross misinformation, through wrongful use of AI for the creation of doctored videos through distorted, modified and modulated images or voices and other personality traits of him."
Counsel for Rajat Sharma pointed out that the two 'rogue' YouTube channels were primarily dedicated to him, and he was therefore praying for taking down both the channels and not just the deepfake content. It was prayed that the two channels were hosting deepfake, fabricated videos and impersonating Rajat Sharma, as well as other prominent Indian journalists.
The High Court granted liberty to Rajat Sharma to approach Google regarding any other false or fake videos uploaded against him on any other channel and asked Google to take them down within 48 hours.
In this case, Rajat Sharma & Anr vs Tamara doc & Ors, Advocates Saikrishna Rajagopal, Disha Sharma, Snehima Jauhari, Deepika Pokharia and Mythili Girish from Saikrishna & Associates appeared for Rajat Sharma.
