The court said social media firms are mandated by the Information Technology Rules to take prompt action on the complaints of entities like NSE about unauthorised use of their trademark on dubious web pages and/or profiles, accounts and/or advertisement and/or videos and/or contents and/or social media groups
Mumbai: The Bombay High Court has directed social media intermediaries to take prompt action against alleged deepfake videos of NSE’s managing director and chief executive officer giving stock recommendations.
A single bench of Justice R I Chagla in the order of July 16 also directed social media platforms like Facebook, WhatsApp, Instagram and Telegram to remove or delete all accounts infringing upon the trademark of NSE (National Stock Exchange of India Limited).
The balance of convenience also lies in favour of the Plaintiff (NSE) and irreparable loss and/or harm will be caused to the Plaintiff, unless the ad-interim (temporary) relief sought for is granted, the HC said.
The bench directed the social media platforms to remove or delete the content within ten hours upon receiving a complaint against such morphed videos and profiles where the plaintiff’s trademark is infringed.
The court said social media firms are mandated by the Information Technology Rules to take prompt action on the complaints of entities like NSE about unauthorised use of their trademark on dubious web pages and/or profiles, accounts and/or advertisement and/or videos and/or contents and/or social media groups.
The NSE had moved HC claiming that the platforms featured a fabricated video of its managing director (MD) and chief executive officer (CEO) Ashishkumar Chauhan doling out investment and stock tips. The video was allegedly generated using sophisticated AI (artificial intelligence) technology to imitate his voice and facial expressions.
The NSE sought an order directing the paltforms to take down and remove the unauthorised videos.