The Supreme Court has stayed proceedings before the Gujarat High Court in a public interest litigation raising concerns about the rise in deepfake and AI-generated content circulating on digital and social media platforms. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana passed the order while issuing notice on the Union of India’s plea seeking transfer of the case to the Supreme Court.
The petition, titled Union of India v. Vikas Vijay Nair and Ors. (T.P.(C) No. 002597/2026), was filed as a public interest litigation highlighting the unchecked spread of synthetic media capable of destabilizing public order or undermining democratic institutions. The Gujarat High Court had, in April, issued notices to social media intermediaries including X (formerly Twitter), Meta, Google, and Reddit, directing them to respond to affidavits filed by the State and Central governments regarding compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended by the Amendment Rules,
During the hearing, Advocate Zoheb Hossain, appearing for the petitioners, informed the Court that similar proceedings had been interdicted before other High Courts and were now pending before the Supreme Court, underscoring the need for centralized adjudication.
The Gujarat High Court, in its earlier order, had emphasized that the core issue pertained to the strict enforcement and uniform implementation of the existing statutory framework in the larger public interest. It had directed intermediaries to ensure swift action or response to statutory notices issued under Section 79(3)(b) of the Information Technology Act, 2000, to comply with time-bound takedown obligations under the IT Rules.
The State Government, in its affidavit, had suggested framing a policy mandating a robust regulatory framework with an immediate coordination mechanism between investigating authorities and digital service providers. It clarified that the objective was not to restrict legitimate expression but to prevent misuse of digital platforms for creating and disseminating unlawful content capable of threatening public order or democratic processes.
The Union Government submitted that it had developed the SAHYOG Portal for routing intimations under Section 79(3)(b) read with Rule 3(1)(d) of the IT Rules. The portal has been operational since October 2024 and facilitates immediate, coordinated, and time-bound action by bringing authorized law enforcement agencies and intermediaries on a single platform. It enables swift takedown of unlawful synthetically generated information and access to subscriber information, logs, and judicial evidence for identifying offending users.
The Supreme Court’s stay of the Gujarat High Court proceedings, coupled with the issuance of notice on the transfer plea, indicates that the apex court is examining whether the matter warrants centralized hearing given the pan-India implications of regulating deepfake and AI-generated content across multiple jurisdictions.