The Supreme Court of India on Friday declined to hear a public interest litigation (PIL) challenging the circulation of AI-generated deepfake videos purportedly showing Army officer Colonel Sofiya Qureshi.
The bench, led by Justices Surya Kant and N. Kotiswar Singh, directed the petitioner to seek relief before the Delhi High Court, where an analogous matter has been pending for several years.
PIL Seeks Expert Panel
Petitioner-in-person Narendra Kumar Goswami urged the Supreme Court to constitute a court-monitored expert committee to draft a model statute for regulating AI-manipulated online content. He highlighted the proliferation of “numerous fake videos” targeting Colonel Qureshi, who featured in official briefings on Operation Sindoor.
Acknowledging the gravity of the issue, the bench observed that the Delhi High Court, under its Chief Justice’s bench, is already seized of a similar petition and has been working on it for over two years. “We are not saying that it was not a serious issue,” Justice Kant remarked, “but the Delhi High Court has been hearing this issue for a couple of years. If we entertain this petition, the high court will stop hearing the pending matter, and all its hard work over the years will go in vain.”
Rapid Spread Of Deepfakes Outpaces Regulators
The court also underscored the agility of the perpetrators behind deepfake content. “These cyber criminals are so faster than the regulating authorities that before the petitioner goes out of the courtroom, a new video will come up,” Justice Kotiswar Singh noted, emphasizing the urgency yet complexity of the challenge.
Redirecting To Delhi High Court
Without delving into the merits, the Supreme Court dismissed the PIL “with liberty to approach the Delhi High Court.” The bench encouraged Goswami to seek impleadment in the ongoing high court proceedings as an intervenor, “so that you may assist in the pending matter,” thereby ensuring that his concerns contribute to the formulation of any prospective legal framework.
Implications
By relegating the matter to the Delhi High Court, the Supreme Court affirmed the principle of judicial economy and respect for existing judicial processes. Goswami’s intervention could bolster the high court’s efforts to address the regulatory lacuna surrounding AI-generated deepfake content, a concern that has drawn attention from legal experts, cyber regulators, and policymakers alike.
As the Delhi High Court considers amendments or new guidelines, stakeholders will watch closely for any model law recommendations aimed at curbing the misuse of deepfake technology against public figures and private individuals.
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