Delhi High Court Asks Meta, Google To Inform On Removal Of 'Morphed Videos' Of Singer Kumar Sanu

The Delhi High Court on Monday (October 13) has asked Meta and Google to inform as to why URLs bearing "morphed videos" and containing "profane language" against Indian playback singer Kumar Sanu cannot be taken down by the Grievance Officers of the two social media intermediaries. The court was hearing suit moved by the singer seeking protection of his personality rights.While dictating the order Justice Manmeet Pritam Singh Arora said:"Counsel appearing for D7 (Meta) and 20 (Google) to also take instructions that in view of the submissions made by plaintiff (Sanu) that impugned URLs bear morphed videos, contain profane language...and why the same should not be taken down by grievance officer in accordance with IT Rules". With respect to take down by infringing content, Meta's counsel submitted, "The difficulty is, if there is profanity. Under IT Rules the word defamation was specifically removed. Now as an intermediary I cannot judge what is profane what is not. That part has to be adjudicated by court."The court at this stage orally asked, "Why? Please see 3d(ii)".Meta's counsel said that the intermediary cannot judge defamatory content and referred to a Supreme Court judgment where it was said that intermediary cannot be a super censor. "Whatever you can take down you take down. You have benefit of the plaint. If a complaint is coming to you, if you have to Act as per the Rules. You come day after and tell me what you took down and what you didn't. Because everybody cannot come to court," the court orally said. The plaintiff's counsel also clarified that defendant 3 had taken down the alleged infringing URL after beings served with paperbook of the suit. The court further asked the plaintiff's counsel to provide a tabular representation of the defendant entities which have posted content allegedly infringing the singer's personality rights and the relief being sought against them. The court further granted time to the Meta and Google to review the URLs provided to the intermediaries of which the plaintiff has sought take down of.Sanu has sought protection of his personality or publicity rights, including his name, voice, vocal style and technique, vocal arrangements and interpretations, mannerism and manner of singing, image, caricature, photographs, likeness, signature and various other attributes against unauthorised use by third-parties.The suit also relates to the alleged violation of the singer's moral rights in his performances conferred upon him by virtue of section 38B of the Copyright Act, 1957.Sanu is aggrieved by various GIFs, sound and video recordings containing his performances and voice which bring disrepute to him and makes him the subject of “unsavoury humour,” thereby violating his moral rights in his performances.The singer is also aggrieved by content made using artificial intelligence to clone his voice, vocal style and technique, vocal arrangements and interpretations, manner of singing and morphing his face, including making of merchandise.“Such merchandise and audios/videos of the Plaintiff generate revenues for the Defendants, as they are uploaded and streamed on social networking websites including but not limited to Facebook, Instagram and Youtube which generates revenue based on the number of clicks or views to a particular image/ video,” the suit states.Apart from named defendants, the suit has also been filed against john does- unknown individuals.The singer states that the acts of the Defendants constitute infringement of his Personality or Publicity Rights and also amount to an attempt at false endorsements and passing off.The suit has been filed through Advocates Shikha Sachdeva and Sana Raees Khan.On Friday, Justice Arora protected the personality rights of journalist Sudhir Chaudhary, who had sought relief regarding circulation of allegedly misleading and AI generated videos against him on social media.Recently, coordinate benches have passed orders protecting the personality rights of “The Art of Living” foundation founder Sri Sri Ravi Shankar, Telugu actor Nagarjuna, Bollywood actors Aishwarya Rai Bachchan, Abhishek Bachchan and film producer Karan Johar.The matter is now listed on October 15. Case Title: KUMAR SANU BHATTACHARJEE v. JAMMABLE LIMITED & ORSCS(COMM)-1097/2025

Delhi High Court Asks Meta, Google To Inform On Removal Of 'Morphed Videos' Of Singer Kumar Sanu

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