India’s leading digital news publishers, including The Indian Express, have taken legal action against OpenAI, alleging unauthorized use of copyrighted content to train AI models. The lawsuit, filed in the Delhi High Court, is backed by the Digital News Publishers Association (DNPA) and escalates an ongoing legal battle initially launched by news agency ANI. This intervention underscores growing concerns over the impact of AI-driven content aggregation on traditional journalism.
At the core of the lawsuit is OpenAI’s alleged mass scraping and use of Indian copyrighted material to refine its Generative Pre-training Transformer (GPT) tools without obtaining proper licensing or consent. According to the 135-page filing, DNPA contends that this practice poses a direct threat to Indian publishers by devaluing their intellectual property and compromising journalistic transparency. The association further argues that OpenAI’s practices could lead to an increase in misinformation, making it difficult for the public to differentiate between credible news and AI-generated content.
Anant Goenka, Executive Director of the Indian Express Group, expressed concerns over AI firms’ differential treatment of India. He pointed out that while tech giants have entered into commercial agreements with media companies in various countries, Indian publishers are yet to receive similar consideration. “Either by way of legislation or through independent commercial agreements, over the past 5-7 years, big tech platforms in almost every territory, including India, have a well-established market value for the content generated by news organisations. AI companies like OpenAI have also struck mutually beneficial arrangements in some foreign markets. While in this case we have intervened on a question of law, the larger question remains as to why AI companies are discriminating against India,” Goenka stated.
The case builds on ANI’s original complaint against OpenAI, which the Delhi High Court recognized on November 19 as raising significant legal questions regarding copyright protection. The court’s acknowledgment suggests that OpenAI’s approach to content ingestion, particularly its use of copyrighted material without direct agreements, will be scrutinized under Indian law. DNPA argues that OpenAI’s current model disproportionately benefits the AI company and its investors, while depriving Indian media houses of fair compensation for their work.
DNPA’s lawsuit is supported by major digital news platforms, including NDTV, Network18, and Hindustan Times. The association, which represents the digital arms of 20 leading media houses, is making a collective stand against AI-driven content usage that it claims undermines original journalism. DNPA’s statement highlighted that OpenAI has built its large language models (LLMs) by “training on vast quantities of text, including, without a licence or permission, copyright-protected works.” The organization warns that such actions could have long-term consequences for the Indian media industry, particularly as AI-generated summaries and responses replace direct engagement with original reporting.
The issue of AI companies using copyrighted materials without explicit authorization is not limited to India. OpenAI has faced similar legal challenges worldwide from authors, musicians, and news publishers, who claim that their intellectual property was used without consent. While OpenAI maintains that its training data falls under fair use, courts in multiple jurisdictions are evaluating whether AI firms should be held accountable for sourcing content without direct agreements.
In addition to copyright concerns, DNPA has raised alarms over AI-driven misinformation. The association argues that OpenAI’s tools could amplify the spread of misleading narratives, including deepfakes, thereby eroding trust in traditional news sources. “The public will be exposed to opaque algorithmic caprice,” DNPA warned, emphasizing the need for greater transparency in AI model training and data usage.
The outcome of this case could have far-reaching implications, setting a precedent for AI copyright regulation in India. If the court rules in favor of DNPA, it may force OpenAI and similar companies to establish licensing agreements with Indian publishers, potentially reshaping the landscape of AI-driven content generation. For now, the legal battle marks a critical moment in the intersection of journalism and artificial intelligence, with the future of digital media at stake.
