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It was contended that “Defendant Nos. 1 to 8 herein are perpetuating gross misinformation including through wrongful use of AI technology for creation of doctored videos bearing distorted, modified and modulated images/voice and other personality traits of Plaintiff No. 1 (Rajat Sharma)”.
The Delhi High Court, recently, issued an order in a suit seeking a permanent injunction to prevent the infringement of personality and publicity rights of journalist Rajat Sharma, directing the cessation of unauthorized use of Sharma's intellectual property.
The bench of Justice Amit Bansal held, “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”.
Rajat Sharma, through Advocate Saikrishna Rajagopal, alleged that several defendants were unlawfully exploiting Sharma's name, likeness, and personality traits, including through the use of artificial intelligence to create doctored videos. These manipulated videos falsely portrayed Sharma endorsing medical remedies for diabetes, joint pain, and other health issues, thereby misleading the public. Additionally, the producer’s registered trademarks, including INDIA TV and Aaj Ki Baat, were allegedly infringed upon in the process.
Advocate Rajagopal, highlighted the grave harm caused by such acts. It was also argued that the false endorsements not only damaged Sharma’s reputation but also posed risks to public health and safety by promoting potentially harmful products. The misuse of Sharma’s persona for commercial gain was characterized as a severe breach of his personality rights, which are inherently linked to his professional standing and public trust.
The court noted that the Defendants’ actions involved unauthorized use of Mr. Sharma’s image and videos for profit, violating both his personality rights and the producer’s copyright. The acts were found to harm public welfare, consumer protection, and the integrity of public discourse.
The court issued notices to the Defendants and directed them to cease all unauthorized use of Sharma’s intellectual property. Therefore, the court listed the matter for April 3, 2025.
For Petitioner: Advocates Saikrishna Rajagopal, Disha Sharma, Snehima Jauhari and Deepika PokhariaCase Title: Rajat Sharma v Tamara Doc (CS(COMM) 1147/2024)
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