High Court
Ad cap & linked case put off to Sept; court to hear plea against stay order
NEW DELHI: With no resolution in sight to the imbroglio relating to adcaps on television channels, the Delhi High Court has adjourned the hearing one more time, this time to September 29, 2016.
The matter had earlier been put off on May 13, 2016 to today by chief justice G Rohini and Justice Jayant Nath as they did not have time to hear the matter in view of part-heard cases.
When the case comes up next, court is also expected to take up an application by intervenor Home Cable Network Pvt Ltd seeking vacation of the order staying action against violating television channels.
In the hearing on March 29, 2016, a plea was made on behalf of the Ministry of Information and Broadcasting (MIB) that a proposal was being contemplated to amend the relevant provision relating to limiting ads to 12 minutes an hour.
On May 13, 2016, the court had agreed to take up at the next hearing for vacation of stay. The court had on February 11, 2016 had also agreed to take up the application by Discovery Communications to intervene on the matter.
Earlier on November 27, 2105, the court chaired by the chief justice, had said the matter had been pending for some time and, therefore, it would hear and conclude the case in the next hearing. On that day, MIB had informed the court that it was in talks with the News Broadcasters Association (NBA) and other stakeholders on the issue of the advertising cap of 12 minutes per hour. This was the first time that the ministry had put in an appearance in the petition filed by the NBA against the Telecom Regulatory Authority of India (TRAI) and others.
The case, filed by NBA and others against TRAI and the Union Government, has so far been adjourned from time to time on the plea that the government and the broadcasters are in talks on this issue.
The court has already directed that the order that TRAI would not take any action against any channel pending the petition would continue. In an earlier hearing, the court had, at the regulator’s instance, directed that all channels keep a record of the advertisements run by them.
The NBA had challenged the ad cap rule, contending that TRAI does not have jurisdiction to regulate commercial airtime on television channels. Apart from the NBA, the petitions have been filed by Sarthak Entertainment, Pioneer Channel Factory, E24 Glamorus, Sun TV Network, TV Vision, B4U Broadband, 9X Media, Kalaignar, Celebrities Management, Eanadu Television and Raj Television.
Meanwhile, the separate petition filed in the High Court by Vikki Choudhry and Home Cable Network Pvt Ltd., which too will be heard on the next date in September, seeks to charge MIB with dereliction of its duties to take action against offending pay TV broadcasters for violating the terms and conditions of the licenses/permission for Uplinking and Downlinking.
The Court had in June asked the Ministry to file its reply in four weeks. Notice was issued only to the Ministry, although the petition also listed several other broadcasting companies as respondents.
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High Court
Bombay High Court questions AI celebrity deepfakes in Shilpa Shetty case
Justice questions legality of unconsented AI personas, platforms directed to respond.
MUMBAI: The Bombay High Court just put AI on the witness stand because when a chatbot starts chatting as Shilpa Shetty without asking, even the bench wants to know who gave permission. The Bombay High Court on Wednesday expressed serious concerns over the legality of artificial intelligence tools that simulate celebrity personalities without consent, during a personality rights suit filed by actor Shilpa Shetty.
Justice Sharmila Deshmukh, hearing the matter, questioned platforms that allow users to interact with AI-generated versions of actors without authorisation. The court noted that one accused AI chatbot website continued using Shetty’s personality without permission, prompting the judge to ask about the legal basis for such operations.
When the lawyer for the AI company argued that the system relied on algorithms and did not require celebrity consent, Justice Deshmukh challenged the platform’s right to recreate and make public a person’s identity in this manner. She observed that while users uploading photographs raised one set of issues, AI systems generating content based on recognised personalities posed distinct legal and ethical questions especially when the platform itself acknowledged the content was not real.
The court directed the platform to file a detailed response explaining its position.
The case involves Shetty seeking restrictions on more than 30 platforms including e-commerce websites and AI services accused of hosting or enabling misuse of her image and circulation of deepfake content.
The Bench also raised concerns about Youtube commentary videos discussing the ongoing proceedings involving Shetty and her husband, questioning whether unverified discussions could malign parties without journalistic checks.
Counsel for Google, Tenor and the AI entity informed the court that flagged infringing URLs had been removed. Shetty’s team disputed this, leading the court to allow her to file an application alleging non-compliance if links remained active.
Tenor objected to the broad injunction sought, arguing it functions as an intermediary GIF platform without capacity for proactive monitoring. The court directed Tenor to file an affidavit opposing the order.
E-commerce platforms including Amazon stated they had removed unauthorised listings using Shetty’s name and image, and would continue to act on specific notifications.
The court reiterated that directions for intermediaries would operate on a “take-down on notice” basis, requiring removal of infringing content once flagged.
As deepfakes blur the line between real and rendered, the Bombay High Court isn’t just hearing a case, it’s asking the bigger question: in the age of AI avatars, who really owns your face?
