Delhi HC to pass interim order in Gautam Gambhir's deepfake case

The Delhi High Court, hearing Gautam Gambhir's plea against AI deepfakes and misuse of his identity, noted the removal of several infringing links. The court will pass a detailed interim order, while Gambhir seeks a dynamic injunction.

In the case filed by cricketer and former MP Gautam Gambhir, the Delhi High Court on Wednesday noted that several infringing links flagged by him have been removed and said it will pass a detailed interim order. The matter was heard by Justice Jyoti Singh.

At the outset, Advocate Jai Anant Dehadrai, appearing for Gambhir, thanked the Court for allowing time to correct defects in the application. He informed the Court that a number of defendants have already taken down the offending content. However, he pointed out that fresh instances and replications are still appearing online and sought a dynamic injunction to address repeated uploads. Dehadrai submitted that while some links have been removed as of the morning, the issue continues due to ongoing reposting of similar content. Appearing for Meta, Advocate Varun Pathak stated that most of the infringing content on its platforms is now inaccessible. Taking note of the submissions, the Court said it will pass a detailed interim order, including directions for the removal of infringing content and disclosure of details of the uploaders.

Gambhir's Plea on Personality Rights and AI Misuse

Gautam Gambhir has filed a civil suit before the Delhi High Court seeking protection of his personality and publicity rights, alleging misuse of his identity through AI-generated deepfakes, impersonation and unauthorised commercial use. The suit also highlights the unauthorised sale of merchandise, including posters carrying his name and image, on e-commerce platforms without his consent. The case has been filed against several parties, including social media accounts, platforms such as Amazon and Flipkart, intermediaries like Meta Platforms Inc., X Corp. and Google LLC, as well as government bodies, including the Ministry of Electronics and Information Technology and the Department of Telecommunications.

Legal Basis for the Suit

The plea invokes provisions under the Copyright Act, 1957, the Trade Marks Act, 1999 and the Commercial Courts Act, 2015. It also refers to earlier Delhi High Court rulings in cases involving Amitabh Bachchan, Anil Kapoor and Sunil Gavaskar, which recognised personality rights as legally enforceable, including in cases involving AI misuse. (ANI)

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