In January this year, the Delhi High Court had passed orders for the removal of images of YouTuber Bhuvan Bam that were uploaded without his approval. Now, as per the latest development, the court has issued a John Doe order mandating the removal of deepfake content that allegedly violates the personality rights of the popular content creator.
Court Directive and Legal Proceedings
The directive was passed by Justice Jyoti Singh while hearing a lawsuit filed by Bam against multiple parties, including unidentified defendants (John Does), e-commerce platforms, and social media intermediaries. According to a report by LiveLaw, Bam argued in a fresh plea that despite a previous order dated January 13 safeguarding his personality rights, unauthorised use of his likeness and traits continued across various platforms. These included deepfake and infringing videos, as well as unauthorized commercial listings on online marketplaces.
Interim Relief Granted
Granting interim relief, the Court observed that Bam had successfully established a prima facie case and that the balance of convenience was in his favour. The Court further noted that denying the injunction could result in irreparable harm not only to Bam but also to unsuspecting members of the public. The order specifically states: "Defendant No 10/John Doe is further restrained till the next date of hearing from creating, publishing, communicating, posting, offering for sale, disseminating, circulating or otherwise exploiting any content, merchandise, publication or digital material that infringes Plaintiff No.1's personality/publicity rights and/or Plaintiffs' rights in registered trademarks and copyright."
Actions Required from Digital Platforms
The order also requires Google LLC to remove specified YouTube links, while Flipkart and other online marketplaces have been asked to take down listings of infringing merchandise. Additionally, Spotify has been instructed to remove certain playlists or shows, and Meta Platforms must take down related Instagram content. Justice Singh also took note of objections raised by some defendants who claimed protection under parody exceptions, stating that the matter would be examined in detail at a later stage after hearing all parties involved.
Implications for Digital Rights
This case highlights the growing legal recognition of personality rights in the digital age, particularly concerning deepfake technology. The court's proactive stance aims to protect individuals from unauthorized exploitation of their identity, setting a precedent for similar cases in the future.
