Delhi High Court directs takedown of Ajay Devgan's obscene deepfakes

The Delhi High Court on Thursday ordered takedown of various deepfakes depicting Bollywood actor Ajay Devgan, including those showing him in an obscene manner with female celebrities [Ajay alias Vishal Veeru Devgan v. The Artists Planet & Ors.].

Justice Manmeet Pritam Singh Arora passed the order on a suit filed by Devgan seeking protection of his personality rights.

However, the Court at this stage declined to order takedown of other content with Devgan's images.

"You have to give some leeway to fan pages, they will not put a judges picture. This much freedom you will have to give your fans. Then you will have to take all the fan pages down. [Otherwise] he will have to erase his footsteps completely," it told the actor.

Advocate Pravin Anand, appearing for Devgan, apprised the Court about various listings on Amazon where posters with his name and face were being unauthorisedly sold. The Court was also told about sale of t-shirts and caps in Devgan's name.

However, Anand emphasised on the issue of circulation of deepfakes with female celebrities. He added that one YouTuber was circulating unauthorised, offensive, obscene AI-generated content using Devgan's name, image and likeness.

The Court asked whether Devgan had written to the YouTube in first instance, stating that he would have had a stronger case against the obscene content.

It added that ex parte takedown of simple reproduction of Devgan's photos cannot be ordered but deepfakes and pornographic content can be directed to be removed.

"Have you registered a protest with YouTube beforehand on the issue of "unpleasant videos"? I will grant this relief now but successively in all such petitions, protest will have to be filed first or else wait for 2 months for the next hearing," Justice Arora asked.

The Court also said that different causes of action had been mixed in the suit.

"If you mix so many cause of action it will be difficult for the court and the advocates," it said.

The Court then ordered takedown of obscene content targeting Devgan.

"Issue summons to the defendants. List before JR on December 26 and the Court in 2026. The proforma defendants [online platforms] will provide BSI within 2 weeks," it ordered.

Meanwhile, Anand submitted that the question of deepfakes is perplexing most countries around the world.

"They are closely watching Indian courts and talking about it in conferences, writing articles about it," he added.

In the suit, Devgan has invoked provisions of the Copyright Act to seek protection of the moral rights in his performances. Further, he has claimed trademark protection of registered mark 'Ajay Devgan'. Several defendants selling merchandise carrying his name and photo have been made parties to the suit.

"Defendants are extracting clips of movies or other cinematographic works which contain performances of the Plaintiff, for the purpose of creation, communication of deep fake videos etc. The Plaintiff has not been informed prior to the creation and dissemination of such deep fake videos, nor has his consent been sought or secured. The Defendants, by reproducing clips containing the Plaintiffs performance, and that too in a manner which brings disrepute to the Plaintiff and makes him the subject of unsavoury humour, disrepute and baseless rumours, are violating his moral rights in his performances," the suit states.