On January 8, the Delhi High Court issued a John Doe order to remove deepfake videos on Facebook misrepresenting Dr. Naresh Trehan of Medanta Hospital endorsing unverified natural remedies. The court emphasized the infringement on personality rights and the potential harm to Dr. Trehan’s reputation, granting an injunction for swift removal of such content.
New Delhi: On January 8, the Delhi High Court passed a John Doe order directing the removal of deepfake videos on Facebook featuring Medanta Hospital’s trademark and its chairperson, Dr. Naresh Trehan. The videos were created using advanced AI technology and falsely portrayed Dr. Trehan endorsing unverified natural remedies for urological conditions.
Justice Mini Pushkarna issued the order after the plaintiffs argued that the deepfake videos constituted a severe violation of intellectual property and personality rights. The court directed the removal of the infringing videos within 24 hours, with an additional 36-hour window for Meta Inc (Facebook) to comply if the defendants failed to act.
The manipulated videos falsely depicted Dr. Trehan, a globally renowned cardiothoracic surgeon, promoting natural remedies for issues like prostatitis and erectile dysfunction. The plaintiffs argued that these deepfakes misled the public and severely damaged Dr. Trehan’s reputation as a credible figure in the medical community.
The petition contended that:
- Dr. Trehan’s identity and likeness were unlawfully appropriated, violating his personality rights.
- The remedies falsely attributed to him were not medically verified and posed serious health risks to unsuspecting individuals.
- Such videos eroded public trust in both Medanta Hospitals and Dr. Trehan’s professional standing.
The court recognized the gravity of the situation, stating that the plaintiffs had established a prima facie case for the grant of injunction. Justice Pushkarna emphasized that failing to act swiftly would result in irreparable harm to the plaintiffs.
“The plaintiffs have demonstrated a prima facie case for grant of injunction and, in case, no ex parte ad interim injunction is granted, the plaintiffs will suffer an irreparable loss. Further, balance of convenience also lies in favour of the plaintiffs, and against the defendants,”
the court observed.
In addition to the ex parte injunction, the court granted a dynamic injunction. This allows the plaintiffs to request the removal of any future false or deepfake videos discovered during the pendency of the suit. Such videos must be removed by the concerned platforms within 36 hours of notification.
The plaintiffs highlighted how AI technologies such as photoshopping, voice-over manipulation, and content generation were employed to make the deepfakes appear authentic. These tactics were allegedly aimed at exploiting Dr. Trehan’s reputation for commercial gains by misleading consumers into purchasing unverified products.
The plaintiffs were represented by Senior Advocate Shyel Trehan and advocates Manjira Dasgupta, Bhargav R Thali, and Vignesh Raj.
Case Title – Global Health Limited Vs John Doe
Read the Judgement here:
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