Delhi HC Safeguards Journalist Rajat Sharma's personality rights, directs removal of deepfake content

Dec 20, 2024

New Delhi [India], December 20 : The Delhi High Court has granted senior journalist Rajat Sharma protection over his personality rights, directing the removal of content created through artificial intelligence (AI) and deepfake technology.
Justice Amit Bansal in an order passed on December 18, issued prohibiting several defendants, including individuals and entities, from using or exploiting Sharma's name, image, voice, photos, or videos for any personal or commercial purposes without his explicit written consent.
The Court passed an ad interim injunction and also directed Meta Platforms Inc. to immediately block/remove/take down the following impugned content of Defendants and further disclose complete details (such as name, address, email, phone number, etc.) of Defendants
According to the suit, eight defendants are perpetuating gross misinformation including through the wrongful use of AI technology for
creation of doctored videos bearing distorted, modified and modulated images/voice and other personality traits of Plaintiff Rajat Sharma.
It was also submitted that the impugned content is being circulated either to promote purported drug(s) for diabetes/ prostatitis/ joint pain alleged to have been formulated by certain eminent doctors or certified by the government or as alleged health tips by Plaintiff along with other eminent persons such as Amitabh Bachchan and Naresh Trehan, thereby resulting in gross violation of the personality and publicity rights of Plaintiff Rajat Sharma.
It was further submitted that given Plaintiff Rajat Sharma's unique position as a trusted voice in Indian households, any misrepresentation of his endorsement risks irreparable damage not only to his personal reputation but also to public trust at large. The misuse of his 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.
Sharma further claimed that the defendants were unlawfully using and violating several registered trademarks of INDIA TV, as well as infringing on the copyright of footage from its show 'AAJ KI BAAT: RAJAT SHARMA KE SAATH.'