Delhi High Court Grants Injunction Against Using India TV Editor Rajat Sharma's Likeness In Deepfake Videos
|The Delhi High Court, on a suit filed by Rajat Sharma, the Editor-in-chief of India TV, has restrained eight people from misusing and exploiting his name and likeness, who he claimed were infringing his personality rights by uploading deepfake videos of him endorsing pharmaceutical drugs.
The Court was hearing a suit seeking permanent injunction restraining infringement of personality and publicity rights of Rajat Sharma claiming that he is a "renowned journalist and has has been a household name and face on Indian television for over two decades," as the High Court notes his submission. He was aggrieved by the alleged misuse and exploitation of his name, likeness and so on.
Granting ex-parte injunction, a Single-Judge Bench of Justice Amit Bansal concluded, "A prima facie case is made out in favour of the Plaintiffs and against the Defendants. Balance of convenience is also in favour of the Plaintiffs and against the Defendant. Irreparable injury would be caused to the Plaintiffs if the Defendants are allowed to continue posting the aforesaid infringing posts/videos."
Advocate Saikrishna Rajagopal appeared for the plaintiffs.
Rajat Sharma had approached the High Court along with another plaintiff who owns and has the exclusive distribution rights to publicly exhibit and communicate India TV's content and was aggrieved by the alleged infringement of their trademarks. The second plaintiff claimed that their works are protected as "cinematography film" under the Copyright Act, 1957.
The two plaintiffs argued that eight defendants that they had arraigned were perpetuating gross misinformation including through wrongful use of artificial intelligence technology for creation of doctored videos bearing distorted, modified and modulated images, voice and other personality traits.
It was claimed that content is being circulated promoting pharmaceutical drugs using Rajat Sharma's likeness, arguing that any any false endorsement of fraudulent remedies for serious health concerns such as diabetes and joint pain constitutes grave misuse of his personality rights. The possibility of general public getting misled into buying such products, was cited in support of their claims.
The High Court noted their submission that Rajat Sharma's "professional standing as a journalist entails a heightened sense of accountability and trustworthiness," unlike other celebrities who associate themselves with commercial products.
The Court also recorded the submission that he is a celebrity in his own right and has a valid and enforceable personality right and that unauthorised usage of Rajat Sharma's likeliness for commercial gain and unjust enrichment would not only cost him but also members of the public.
Concluding that the plaintiffs had made out a prima facie case for grant of injunction, the Court directed that the eight defendants or anyone claiming through or under them shall be retrained from "directly or indirectly misusing, misappropriating or exploiting the name, likeness, image, voice, photos, videos, or any other aspects of Plaintiff No. 1’s persona which are solely and exclusively associated and identified with him for any commercial and/or personal gain, in any manner whatsoever, without Plaintiff No. 1’s express written authorization."
The Court specifically noted that the injunction shall apply to the use of "any existing or future technology such as Artificial Intelligence, deepfake technology in any medium, format or platform, resulting in infringement of personality and publicity rights of Plaintiff No. 1." It shall also apply to those defendants which are discovered during the course of the proceedings.
Meta Platforms Inc., which owns platforms such as Facebook and Instagram, was ordered to immediately take down, block or remove the impugned content uploaded by the eight defendants.
The Court listed the matter for further hearing on April 3, 2025.
Cause Title: Rajat Sharma And Anr. v. Tamara Doc And Ors. [CS(COMM) 1147/2024]
Appearance: Saikrishna Rajagopal, Disha Sharma, Snehima Jauhari and Deepika Pokharia
Click here to read/download the Order