The Delhi High Court passed an order for the removal of fabricated deepfake videos of Medanta Hospital Chairperson, Dr. Naresh Trehan, from social media. On January 8, the court, while upholding stringent action, stressed speedy actions to be taken in order to protect the reputation of this renowned cardiothoracic surgeon and prevent misleading public opinions.
Justice Mini Pushkarna said the people who upload or share such misleading videos should delete them within 24 hours. If they do not do so, social media intermediaries are to remove the said videos within 36 hours of receiving the court order.
The plaintiffs have made out a prima facie case for the grant of an injunction. In the absence of an interim order, the plaintiffs would suffer irreparable harm,” the court observed. The court also pointed out that the balance of convenience lay in favour of the plaintiffs vis-à-vis the defendants.
The plea is filed by Medanta Hospital and Dr. Trehan seeking a direction for taking down manipulated videos falsely showing that he was speaking out in endorsement of unverified medical advice and natural remedies. Such clips made with artificial intelligence, photoshop, and voice-overs were fashioned to make it seem as if the doctor actually made such statements.
The plea stated that Dr. Trehan was an internationally acclaimed cardiac surgeon and the head of the Heart Institute at Medanta and that he never made or endorsed any of the said contents. Videos were being used to sell unauthorized products and remedies, exploiting the goodwill of Dr. Trehan for illegitimate commercial gain.
These posts are an attempt at misleading the public and exploiting the goodwill created by the plaintiffs in the field of medicine. Such acts misuse the reputation of Dr. Trehan and Medanta Hospitals for unethical purposes,” the plea argued .
Protection Of Intellectual Property
The videos displayed Medanta’s logo and trademark prominently, further adding to the deception. The court recognized the intellectual property misuse and ordered social media intermediaries to ensure compliance with its orders.
The High Court further permitted the petitioners to notify more fake or manipulated content against Dr. Trehan. The intermediaries are mandated to take appropriate action and remove the content within 36 hours. The court further directed the intermediaries to file an affidavit stating the particulars such as name, address, e-mail, contact number, organization, and IP address related to the uploaded video.
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