Delhi High Court says users shouldn’t have to approach courts over deepfakes, raps social media platforms

The Delhi High Court on Friday criticised social media intermediaries for failing to act swiftly against the spread of deepfakes, observing that individuals should not be compelled to approach courts to have such content removed. The remarks came during the hearing of journalist Rajat Sharma’s plea in an ongoing personality rights case, where he sought the takedown of deepfake videos circulating on YouTube.

As per a report by Bar and Bench, Justice Manmeet Pritam Singh Arora, presided over the matter, and noted that once a person declares that a deepfake of them is being created or shared online, platforms should take immediate action without forcing the aggrieved party to initiate legal proceedings. The judge remarked that the statutory grievance redressal mechanisms under the Information Technology Rules should function effectively and prevent such issues from escalating to the judiciary.

Justice Arora questioned the necessity of judicial involvement in clear cases of impersonation and misuse, stating that repeated instances of deepfake-related petitions were effectively turning the court into a grievance redressal forum for social media companies. The judge added that she was being forced to issue detailed orders running into dozens of pages for matters that could otherwise be resolved swiftly by platform grievance officers.

The observations were made while hearing Sharma’s application to add YouTube as a party to his existing suit and to direct the platform to remove channels producing and disseminating deepfakes featuring him. The manipulated videos were allegedly being used to promote investment advice and circulate misleading news content.

After considering the application, the court ordered YouTube to take down the flagged content and added the company as a respondent in the case. It further directed that if similar deepfake material appears in the future, Sharma may approach the platform directly for removal, and YouTube must ensure such content is taken down within 48 hours of notification.

Advocates Saikrishna Rajagopal, Disha Sharma, Snehima Jauhari, Deepika Pokharia, and Mythili Girish from Saikrishna & Associates represented Rajat Sharma in the proceedings.