The Court emphasized regulatory oversight for AI-generated content, delegating further proceedings to the Delhi High Court.

FOR ADMISSION Date : 16-05-2025 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) : Petitioner-in-person For Respondent(s) :

UPON hearing the counsel the Court made the following

O R D E R

1. The petitioner, who is an advocate and a member of the U.P. Bar Council, has filed the instant Writ Petition in public interest, with the following prayers:

“A. WRIT OF MANDAMUS DIRECTING:

1. Union of India (Ministry of Electronics & Information Technology);

a. Framing of Rules under IT Act, 2000:

"Direct the Respondent No. I to frame rules under Section

87(2)(zg) of the IT Act, 2000, within 60 days, mandating:

(i) Watermarking of all Al-generated content (images, audio, Signature Not Verified video) with metadata disclosing origin, tools used, and Digitaly signed by creator identity, as per China's Deep Synthesis Provisions SATISH KUMAR YADAV Date: 2025.05.17

1 R5 e: a1 s8 o:5 n4 : IST (Annexure-Fl 1);

(ii) A 24-hour takedown mechanism for deepfakes, mirroring Ride 3(l)(h)(vii) of IT Rules, 2021 (CSAM protocols), with penalties under Section 45 of the IT Act for non-compliance;

(iii) Algorithmic audits of AI platform,s quarterly, conducted by CERT-In empanelled auditors (CIAD-2024-0060, Annexure-PIO).

"

b. Establishment of AI Regulation Body:

"Constitute a 'National AI Regidation Authority' under Section 88 of the IT Act, chaired by a retired Supreme Court judge, with members from NITI Aayog, CERT-In, and academia, to oversee compliance, akin to the body in M.C. Mehta V. Uol (1986) 2 SCC 176."

2. Election Commission of India:

a. Deepfake Monitoring Cell under Article 324 :

"Direct Respondent No. 2 to establish, within 30 days, a Deepfake Monitoring Cell' with powers to:

(i) Pre-certify all political advertisements using AI tools (as per ADR v. Uol, (2002) 5 SCC 294);

(ii) Issue real-time takedown orders to platforms under Rule

16 of Conduct of Elections Rides, 1961;

(iii) Maintain a public repository of debunked deepfakes (Annexure-P6, PI5)."

b. Model Code of Conduct (MCC) Amendments:

"Include in the MCC a prohibition on undisclosed AI-generated content during elections, enforceable under Article 324 , with penalties under Section 171GIPC for violations."

3. Minister of Home Affairs:

a. National Security Protocol: "Direct Respondent No. 3 to develop, within 90 days, a National Protocol on AI Threats'

under Section 66F IT Act (cyber terrorism), including:

(i) A dedicated cyber-forensics unit under NIA to investigate foreign-origin deepfakes (Annexure-P8,P15);

(ii) Mandatory reporting of deepfake incidents _ by platforms to CERT-In under Section 70B(5) IT Act."

b. Law Enforcement Training: "Implement training modules for police on deepfake detection, and FIR registration under Sections 419/500 IPC, in collaboration with NICFS. "

4. Ministry of Education:

"Launch a National Deepfake Literacy Mission' under Samagra Shiksha Abhiyan, integrating Al/digital literacy in NCERT curriculum (Class VI-XII) within 12 months, with funding under Article 21 A."

B. DECLARATORY RELIEFS:

"Declare that the Respondents' failure to regulate Al-

generated deepfakes violates:

(i) Privacy/dignity under Article 21 (K.S. Piittaswamy, 2017);

(ii) Voters' right to truth under Article 19(l)(a) (PUCL V.

Uol 2003);

(iii) Equality under Article 14 (Navtej Singh Johar, 2018)." "Declare that the IT Act, 2000, is inadequate to address deepfakes, necessitating judicial guidelines under Vishaka v.

Rajasthan (1997)."

C. EXPERT COMMITTEE & OVERSIGHT:

"Constitute a 5-menaber court-monitored committee (Chairperson: Retd. SC Judge; Members: DG-CERT-In, ECI Secretary, DG-NIA, Director-IIT Delhi), to:

(i) Draft model AI regulation legislation within 90 days;

(ii) Submit quarterly compliance reports to this Hon'ble Court."

D. INTERIM MEASURES (UNDER ARTICLE 14