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Supreme Court Dismisses PIL on AI-Generated Deepfakes, Directs Petitioner to Approach Delhi HC

17 May 2025 12:36 PM - By Vivek G.

Supreme Court Dismisses PIL on AI-Generated Deepfakes, Directs Petitioner to Approach Delhi HC

The Supreme Court recently dismissed a Public Interest Litigation (PIL) seeking regulation of Artificial Intelligence (AI)-generated deepfakes, directing the petitioner to approach the Delhi High Court, which is already handling the issue.

A bench of Justices Surya Kant and N Kotiswar Singh heard the case, where the petitioner, Advocate Narendra Kumar Goswami, raised concerns about the lack of regulation on AI-generated deepfakes. He highlighted the risks, citing a specific incident involving a deepfake video of Colonel Sofiya Qureshi, who represented India’s 'Operation Sindoor.' The petitioner sought the creation of a Court-monitored Expert Committee for drafting a model AI regulation law.

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The Supreme Court, however, advised the petitioner to present his case before the Delhi High Court, which has been addressing similar concerns. "We do not deem it necessary to entertain these parallel proceedings. Petitioner is relegated to Delhi High Court with liberty to seek his impleadment as intervenor and assist," the Court stated.

Justice Surya Kant further remarked, "What we are saying is, Delhi High Court is already examining it from the last couple of years. Join there. So many steps have been taken by High Court...If Union's stance or High Court directions are not satisfactory, you can always come here."

The petition sought several reliefs, including:

  • Mandatory Watermarking of AI-Generated Content: As per China's Deep Synthesis Provisions, ensuring metadata disclosure for all AI-generated images, audio, and videos.
  • 24-Hour Takedown Mechanism for Deepfakes: Similar to Rule 3(1)(b)(vii) of IT Rules, 2021, with penalties for non-compliance under Section 45 of the IT Act.
  • Algorithmic Audits of AI Platforms: Quarterly audits by CERT-In empanelled auditors to maintain transparency.
  • Creation of an AI Regulation Body: A body under Section 88 of the IT Act, chaired by a retired Supreme Court judge, to monitor compliance.

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Additionally, the petitioner called for the establishment of a Deepfake Monitoring Cell under the Election Commission of India (ECI) to monitor and take down AI-generated political ads. He also requested that the Ministry of Education introduce a National Deepfake Literacy Mission in schools.

Case Title: NARENDRA KUMAR GOSWAMI Versus UNION OF INDIA AND ORS., W.P.(C) No. 300/2025