The Delhi High Court has directed the immediate takedown of a YouTube channel that was impersonating Anjana Om Kashyap, anchor and Managing Editor (Special Projects) of Aaj Tak, using deepfake technology. The interim order was passed by Justice Prathiba M Singh on a suit filed by TV Today Network, which owns Aaj Tak.
TV Today approached the Court seeking a permanent injunction against the unauthorised use of its intellectual property and the impersonation of its prominent anchor. The network alleged that the rogue YouTube channel was producing fabricated videos using deepfakes, making it appear as though Kashyap was presenting fake news on behalf of Aaj Tak.
Justice Singh observed that the channel appeared to be fake and was clearly misusing the anchor’s identity and reputation. “Considering the identity of the defendant no. 2, the missing ‘P’ in the word Kashyap, it is clear that the same appears to be a fake page. Such fake YouTube pages and fake profiles being made using her goodwill, reputation and personality is contrary to law,” the Court noted. It held that the plaintiff had made a valid case for an interim injunction.
Accordingly, the Court ordered Google to remove the YouTube channel within 48 hours. Additionally, the Basic Subscriber Information (BSI) of the individual running the channel must be disclosed within two weeks, after which the individual can be formally impleaded in the case.
Further, the Court directed Google to submit details of any revenue generated by the fake YouTube channel and stated that if any more such pages are discovered, the plaintiff may furnish the URLs to Google for removal.
Advocate Hrishikesh Baruah, appearing for TV Today, argued that the channel was being used not only to disseminate false information but also to monetise fake videos involving Kashyap. “They upload fake videos including purported fake videos which do not belong to her,” he submitted.
The counsel for Google agreed to take down the content but raised the issue that Anjana Om Kashyap herself was not a party to the case. Baruah clarified that Kashyap did not wish to be a party to the litigation, but the Court held that she must be impleaded for the matter to proceed fully on merits.
Nonetheless, the Court went ahead and granted interim relief in favour of TV Today Network to curb the misuse of deepfake technology and impersonation of public figures.
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