Delhi HC orders removal of two YouTube channels hosting deepfake videos of Rajat Sharma

New Delhi: The Delhi High Court on Friday directed Google LLC to take down within 36 hours two YouTube channels that were hosting and circulating deepfake and fabricated videos impersonating India TV Chairman and Editor-in-Chief Rajat Sharma.

Justice Manmeet Pritam Singh Arora, in her order, also asked Google to disclose to Rajat Sharma the Basic Subscriber Information (BSI) details, access and contact information, and monetisation data of the two channels within a week.

Rajat Sharma had moved an application in his ongoing personality rights suit seeking the removal of deepfake content about him that was being circulated on YouTube. He had also requested the court to make YouTube a party to the case and issue orders for the removal of channels that were creating and spreading videos using his likeness to give fake investment advice to the public.

The High Court said that Rajat Sharma could approach YouTube in the future if more such deepfake videos surfaced. The court directed that the social media platform must take steps to remove such content within 48 hours.

Justice Arora observed that once a person complains that deepfake videos of them are being created and circulated online, intermediaries should ideally take action without delay. She added that individuals should not be forced to approach the courts for such issues when a statutory mechanism already exists.

“Once a party, whose deepfake is being made, says it is a deepfake, where is the question of investigation?” the judge remarked to the counsel for Google LLC.

She further noted that repeated instances of such cases had 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 asked during the hearing.

In her written order, the judge observed, “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 hold a meeting in which Sharma could bring to Google’s attention all the deepfake content related to him on the platform. The court also asked Google to ensure that identical or similar content is removed, so that the onus of locating such content does not fall on the plaintiff.

“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 said in the order.

The court also allowed a fresh interim application from Rajat Sharma in his suit seeking protection of his personality rights. In his petition, Sharma alleged that certain rogue YouTube channels were spreading misinformation using artificial intelligence to create doctored videos with distorted, modified, and manipulated visuals, voices, and other personal traits resembling him.

His counsel pointed out that the two channels in question were primarily dedicated to him and therefore sought complete takedown, not just of the individual deepfake videos. The plea stated that the channels were hosting fabricated videos impersonating Sharma and other prominent Indian journalists.

The High Court granted Sharma liberty to approach Google regarding any other false or fake videos uploaded against him on any other YouTube channels and directed Google to remove them within 48 hours of notification.

The matter, titled Rajat Sharma & Anr vs Tamara Doc & Ors, saw advocates Saikrishna Rajagopal, Disha Sharma, Snehima Jauhari, Deepika Pokharia, and Mythili Girish from Saikrishna & Associates appear on behalf of Rajat Sharma.