Use Technology To Remove Misleading Content Violating Sadhguru's Personality Rights: Delhi High Court Tells Google
The Delhi High Court has asked Google LLC to make an endeavour to ensure that misleading and deepfake content infringing personality rights of Sadhguru Jaggi Vasudev, founder of Isha Foundation, is removed and taken down through its technology.
Justice Manmeet Pritam Singh Arora directed Google and Sadhguru to have a mutual meeting, where the latter can specifically identify the contents “falling within the exception of the policy of Google Ads.”
This was after Google's counsel said that the URLs mentioned in the take down order passed by a coordinate bench in May were taken down. It was submitted that Sadhguru, subsequently, had sought take down of additional URLs, which had also been actioned, the BSI details of which will be provided within two weeks.
Sadhguru's counsel referred to a link posted on YouTube and said that the same was a gross misrepresentation and within the category of misleading representation identified by Google Ads products in its advertisement policy.
It was submitted that in view of the Rule 4(4) of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Google ought to endeavor to bring in place a technology, which identifies identical content so as to obviate a necessity of Sadhguru to repeatedly approach Google LLC for take down of identical contents.
Google's counsel then said that it will have a collaborative approach with Sadhguru to address their concerns and will actively cooperate with him in taking down any further links pointed out to them.
After hearing the parties, the Court ordered:
“….the parties are directed to have a mutual meeting, where the Plaintiff can specifically identify the contents, which falls within the exception of the policy of Google Ads itself and and thereafter, Defendant No. 45 must make an endeavour to ensure that the identical or similar content is removed through its technology so as to obviate the Plaintiff's onus of looking out for such URLs and further to obviate the necessity of the Plaintiff making an endeavour to identify such misleading representation and approaching Defendant No. 45 for take down.”
It directed that if Google has any technological limitations or reservations on the said direction, it can take instructions and file an affidavit on the aspect.
On May 30, Justice Saurabh Banerjee had passed a john doe order protecting the personality rights of Sadhguru, while restraining various rogue websites and unknown entities from misusing his personality traits through the use of Artificial Intelligence in any platform or medium.
The Court had passed a dynamic+ injunction in favour of Sadhguru observing thus:
“Therefore, the position of law apparent therefrom, which has since developed with the passage of time, clearly reflects that the rights of a plaintiff, cannot be rendered otiose in this world of rapidly developing technology and for that, enforcement of intellectual property rights on any social platform, including but not limited to, the internet as well alongwith the real world, ought to be visible and effective.”
The Court had passed ad interim injunction order in favour of Sadhguru in his suit seeking protection of his personality rights being infringed by various rogue websites and unknown entities.
Justice Banerjee had said that Sadhguru has acquired uniqueness pertaining to his personality qua his voice, name, signature, image, likeness, vocal, articulation style and his unique attire, looks or appearance.
Counsel for Plaintiffs: Mr. Sai Krishna Rajagopal, Ms. Disha Sharma, Ms. Deepika Pokharia, Mr. Angad Makkar and Mr. Pushpit Ghosh, Advocates
Counsel for Defendants: Mr. Ankit Parhar, Mr. Abhishek Kumar and Mr. S. Sethi, Advocates for D-43; Ms. Amee Rana, Mr. Vishesh Sharma and Ms. Prasidhi Agrawal, Advocates for D-44; Ms. Mamta R. Jha, Mr. Rohan Ahuja, Ms. Shruttima Ehersa, Mr. Rahul Choudhary and Ms. Himani Sachdeva, Advocates for D-45; Mr. Sandeep Kumar Mahapatra, Ms. Mrinmayee Sahu and Mr. Tribhuvan, Advocates for D-46 and D-47
Title: SADHGURU JAGADISH VASUDEV & ANR v. IGOR ISAKOV & ORS