Remove Deepfake Videos Featuring Medanta Chief Dr Naresh Trehan: Delhi HC
Delhi High Court
New Delhi: In a recent order, the Delhi High Court has issued directions to unidentified parties to remove deepfake videos on social media that featured the trademark of Medanta Hospital and its chairman, Dr Naresh Trehan.
Apart from this, the Court has also issued directions to the authorities to disclose on affidavit before the Court, all details, including, name, address, email address, contact details, organization and associations, URL, IP address etc. associated with the videos. The matter has been listed for further hearing on 26th May 2025.
While considering a plea filed in this regard by Global Health Limited and Dr Trehan, the Court ordered,
"Defendant no.1 or any person acting for or on their behalf, are directed to remove/delete/take down/disable the pages and/or profiles/accounts and/or videos and/or contents and/or social media groups and/or channels, details of which, have been reproduced in the present order, within 24 hours. In case, the requisite action is not taken by defendant no.1, then, defendant nos. 2 to 4 are directed to remove/delete/takedown the videos, as per details given in the present order, within 36 hours from the receipt of the court order."
"In case, the plaintiffs during the pendency of the present suit, discover any more false/fake and deepfake videos, not originating or associated with the plaintiffs, the plaintiffs shall be at liberty to approach the defendant nos. 2 to 4 requesting them to block/take down, within 36 hours, any such post/video/text or any material, which is published on its platforms, or utilizing its platforms. In case, defendants nos. 2 to 4, raise any doubts, the plaintiffs shall be at liberty to approach this Court, for appropriate orders," further directed the High Court bench comprising Justice Mini Pushkarna.
Also Read: 'Deepfake Video' of Medanta Chief Dr Naresh Trehan, FIR registered
The plea before the High Court was filed for an injunction seeking to take down fabricated/deep fake video restraining infringement of personality and publicity rights, damages for loss of reputation and infringement of trademarks and/or passing off.
In the plea, the petitioner's counsel submitted that a series of fabricated/deepfake videos featuring Dr Trehan, a world-renowned Cardiothoracic Vascular Surgeon and the Chairman of the Heart Institute of Medanta, The Medicity Hospital, was published and the most recent of such videos was published on 16th December 2024. In the deepfake videos, Dr Trehan is shown giving medical advice and propagating natural remedies to cure problems in the field of Urology.
Further, it was submitted that some of these videos prominently feature the name of Medanta Hospital along with the word and trademark. These videos were allegedly made using artificial intelligence, photoshopping and voiceover techniques to create a delusion that the purported videos feature Dr Trehan. Referring to this, the petitioner's counsel submitted that the said fabricated videos were gaining a widespread audience from innocent viewers who believed that the speaker in the video was Dr Trehan.
Highlighting the popularity and importance of the trademark name "MEDANTA", it was submitted that by virtue of regular, continuous and uninterrupted usage, widespread promotion and exceptional healthcare services across the country and abroad, the said brand name and marks have acquired a formidable goodwill and reputation alongside widespread consumer recognition and knowledge. Therefore, the public and trade members recognize the said names and marks and associate them solely with the petitioner and Medanta Hospital, submitted the counsel.
The plea also pointed out that Dr Trehan was a renowned doctor and further submitted that there were several instances of deepfake videos of Dr Trehan circulated on social media and WhatsApp groups. The intent of such posts is to deceive and mislead the public at large by promoting the usage and sale of unapproved and uncertified medicines and natural remedies, towards illicit commercial gains of third parties, by misusing the repute and goodwill gathered by the plaintiffs on account of their contribution in the field of medicine, especially, Dr. Trehan, as he is a personality in his own right/on his merit, submitted the counsel.
Submitting that Dr Trehan is falsely shown in the videos to have developed natural remedies/products, the petitioners' counsel further submitted that Dr Trehan has never given any such interview/has recorded any such video, made such claims/statements, nor has he ever endorsed any such medicine/natural remedies.
Terming such deepfake videos to be totally "fallacious and deceptive" the petitioners' counsel submitted that the problems targeted in those deceptive videos i.e. Prostatitis (i.e. Swelling of the Prostate Gland in males), and Erectile Dysfunction (i.e. impotency/sexual dysfunction in males), are treated by Urologist under the Urology speciality), whereas Dr Tregan is a cardiothoracic surgeon and he does not advise on/treat diseases that fall under the Urology speciality.
Referring to a social media page named "Maria Ideas", the petitioners' counsel submitted that the concerned page published a deepfake video on 16th November 2024. It was submitted that the pages created were fraudulent and misrepresentative in nature. The said videos purport to provide a remedy to issues concerning Urology. The videos have received wide circulation, and have been liked by 6400 accounts and viewed over 1.1 million times.
Therefore, highlighting the attempt by the unidentified person to mislead, misguide and deceive viewers and obtain an unfair advantage in the market with the intent to infringe upon Dr. Trehan's goodwill, reputation and trademark, the plea sought the removal, deletion and taking down of Facebook pages infringing upon the petitioners' likeness, trademark and for passing off, as well as for misrepresenting to the public at large that certain medications are endorsed by the petitioners.
Further, it was submitted that these illegal acts could have severe consequences including the distribution and ingestion of spurious medication/drugs purported to be endorsed by Dr Trehan. The continued circulation and/or publication of false and misleading advertisements and medical advice depicting the plaintiffs’ trademarks in the background and featuring Dr. Trehan, as well as the creation of false Facebook profiles/pages, will have disastrous consequences on the public at large, argued the plea.
The widespread circulation of such videos, whereby, uncertified and unverified drugs are being purchased and consumed by the general public poses a significant threat to public health. Further, these videos lack any credible medical oversight, and can mislead individuals into using substances that are not only potentially ineffective but also extremely dangerous. Consuming such drugs/medicines/remedies without proper verification or certification exposes users to unimaginable risks, including adverse reactions and long-term health consequences. It is essential to regulate and prevent the dissemination of such content to safeguard the well-being of the general public, it further mentioned.
Taking note of these submissions, the HC bench opined that the petitioners had demonstrated a prima facie case for grant of injunction and, in case, no ex parte ad interim injunction was granted, the petitioners would suffer an irreparable loss.
Accordingly, listing the matter for further hearing on 26th May, the court directed the authorities to take down the deepfake videos within 24 hours.
Medical Dialogues had previously reported how last year Dr Naresh Trehan was seen featured in a fabricated video endorsing a particular weight loss medication. Filing a police complaint in this regard, Medanta had alleged that the 35-second clip has the potential to create panic and confusion by making false claims about a medical breakthrough for obesity.
After Medanta filed the complaint, the Cyber East police station registered an FIR in this connection against the unidentified accused under sections 419 (impersonation for cheating) and 420 (cheating) of the Indian Penal Code (IPC).
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/nareshtrehanandmedanta-268546.pdf
