Delhi High Court Orders Take Down Of YouTube Channels Hosting Deepfake Videos Of Journalist Rajat Sharma

The Delhi High Court on Friday ordered takedown of two YouTube channels hosting and circulating deepfake and fabricated videos using personality rights of senior journalist Rajat Sharma.

Justice Manmeet Pritam Singh Arora directed Google LLC, which hosts YouTube platform, to take down the two channels within 36 hours.

The Court also directed Google to disclose BSI details, contact information and monetisation data of the channels to Sharma within one week.

It allowed the fresh application filed by Sharma in his suit seeking protection of his personality rights.

The suit was filed against various 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.

In December last year, a coordinate bench had passed an interim order protecting his personality rights, while ordering take down of content generated against him through artificial intelligence and deepfake technology.

A fresh application was filed by Sharma against four YouTube channels, alleging that they were circulating deepfake videos using his personality and spreading misinformation.

It was contended that the channels had unauthorizedly lifted copyright footage from a flagship show hosted by Sharma and has doctoed the same to create a false impression that the content was endorsed by him.

It was also contended that one of the channels was using his personality to falsely attribute to him purported opinions on the inflating gold and silver prices, thereby luring innocent customers into purchasing the products tagged on the said channel.

Google's counsel told Court that after Sharma approached it on October 30, two YouTube channels were blocked acting on the complaint. He said that action qua the remaining two channels was under review.

Ordering take down of the two remaining YouTube channels, the Court further directed Sharma and Google LLC to have a mutual meeting where the journalist can bring to Google's attention the deepfake content identified by him, which also has been injuncted by judicial orders.

“…. and thereafter, defendant number 17 (google) is directed to make an endeavor to ensure that the identical content is removed through its technology so as to obviate the plaintiff's onus of making an endeavor to look out for such content on the YouTube channels uploaded on the social media platform of defendant number 17. This is not only necessary to protect the plaintiffs common law rights and the statutory rights, but it would also help in stopping the spreading of misinformation,” the Court ordered.

The judge also granted liberty to Sharma to approach Google regarding any other false or fake videos uploaded against him, while asking Google to take down the same within 48 hours.

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