Shashi Tharoor personality rights case: Delhi High Court orders takedown of AI deepfakes

The Delhi High Court has directed social media intermediaries, including Meta and X, to immediately remove and block allegedly defamatory AI-generated deepfake videos falsely depicting Congress MP Shashi Tharoor making politically sensitive statements praising Pakistan’s diplomatic strategy and foreign policy.

The single-judge Bench of Justice Mini Pushkarna passed an interim injunction on Friday restraining the unauthorised use, reproduction, imitation or manipulation of Tharoor’s name, image, likeness, voice, signature speaking style, mannerisms and distinctive vocabulary for the creation or dissemination of deepfakes, morphed videos, synthetic audio or other fabricated digital content.

The interim order was passed in a civil suit filed by Tharoor seeking enforcement of personality and publicity rights and protection against digital impersonation, misinformation and reputational harm arising from AI-generated content. According to the plaintiff, unidentified persons had orchestrated a coordinated disinformation campaign across digital platforms by using artificial intelligence (AI) and machine learning (ML) tools to replicate Tharoor’s facial features, voice patterns, speech delivery, vocabulary and communication style with a high degree of realism.

The suit alleged that several hyper-realistic videos had been circulated online falsely depicting the Congress leader as stating that Pakistan was performing better diplomatically than India and describing Pakistan’s foreign policy as ‘absolute brilliance’. It was contended that the fabricated content was capable of misleading the public, damaging Tharoor’s public reputation and interfering with democratic discourse and electoral processes.

The Court further observed that if any additional infringing or fabricated content surfaced during the pendency of the proceedings, Tharoor would be at liberty to approach the social media platforms through counsel for immediate takedown or blocking of similar material under the dynamic injunction mechanism.

The High Court also directed the intermediaries to furnish basic subscriber details, IP login records, phone numbers and email credentials associated with the accounts responsible for uploading and disseminating the deepfake content, subject to applicable legal procedures.

The Counsel appearing for Tharoor argued that the deepfake campaign had caused substantial reputational injury, mental distress and public confusion, particularly during the recently concluded Kerala election campaign. It was submitted that the fabricated videos were deliberately designed to undermine his patriotic credentials, distort public perception and create political controversy through digitally manipulated misinformation.

The single-judge Bench took note of the increasing misuse of AI technologies for impersonation, synthetic media generation and unauthorised exploitation of personality attributes. The order adds to the evolving jurisprudence of the Delhi High Court recognising personality rights, informational privacy and protection against AI-enabled digital misuse and reputational harm.

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