Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Gujarat High Court: In a public interest litigation (PIL) highlighting the menace of widespread creation and circulation of AI-generated videos on digital platforms, the Division Bench of Sunita Agarwal and D.N. Ray, JJ., issued notice to the intermediary platforms and directed them to respond on the practical implementation of the existing legislative framework governing unlawful online content.
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Background
The petitioner filed the present writ petition PIL raising concerns regarding the widespread creation and circulation of AI-generated videos and digitally manipulated content on online platforms, contending that such content poses a serious threat to public order and democratic processes. He also argued that the current legal regime, including the Information Technology Act, 2000 (IT Act), is inadequate to effectively regulate deepfake content, and a comprehensive and robust regulatory mechanism is required.
The petitioner contended the need to frame laws regulating the fast-paced advancement technology. Interim directions were also sought against intermediaries and websites running and hosting such content.
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Analysis and Decision
The Court considering the affidavits filed by the State of Gujarat and the Union of India and found that the issue for its consideration was about the strict and uniform enforcement of existing statutory regime in the larger public interest.
The Court issued notice to respondent intermediaries (Respondents 5 to 9), directing them to file responses addressing both the petitioner’s contentions and the stand of the State and the Central Government regarding practical implementation of the legislative framework and the
institutional mechanisms developed for greater alignment of all intermediaries to ensure strict compliance of due diligence obligations under the amended,. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 (IT Rules). Read more about Amendment Rules here.
The Court further directed the intermediaries to onboard the SAHYOG portal to facilitate coordinated and time-bound action and ensure compliance with statutory notices under Section 79(3)(b), IT Act ensuring adherence to time-bound takedown obligations in strict compliance of the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 as amended by the amended IT Rules, 2026. The matter was listed for further hearing on 8 May 2026.
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[Vikas Vijay Nair v. State of Gujarat, C/WPPIL/9/2026, decided on 10-4-2026]
Advocates who appeared in this case:
For the petitioner: Amit M Panchal
For the respondent: Kamal Trivedi, Advocate General, G.H. Virk, Government Pleader and Vinay Vishen, Ankit Shah