The Delhi High Court on Friday ordered takedown of a YouTube channel operating in the name of Anjana Om Kashyap, anchor and Managing Editor (Special Projects) of Aaj Tak news channel.
Justice Prathiba M Singh passed the order on a suit filed by TV Today Network (owner of Aaj Tak) for a permanent injunction against impersonation and misuse of its intellectual property rights.
The Court was told that the YouTube channel by use of 'Deepfake’ technology was creating false and fabricated news videos with the anchor being presented as reading the news on behalf of the news organization.
The Court in the interim order said the page appeared to be fake and thus the plaintiff (TV Today) has made out a case for interim injunction.
"Considering the identity of the defendant no 2, the missing P in the word Kashyap, it is clear that the same appears to be a fake page. Such fake YouTube pages and fake profiles being made using her goodwill, reputation and personality is contrary to law. Accordingly, the plaintiff has made out a case for interim injunction," the Court stated.
Accordingly, it directed Google to take down the page within 48 hours. It also ordered disclosure of the Basic Subscriber Details of the YouTube channel owner.
"The identity of D2 is unknown and so it is directed that Google shall take down the YouTube channel within 48 hours and BSI details of the person who has put up this channel shall be disclosed in 2 weeks. Then the persons disclosed may be impleaded," the Court directed.
It also directed Google to file details about the revenue earned by the fake YouTube page. Further, it said that in case further such pages are created, the URL shall be given to Google for takedown of the same.
Advocate Hrishikesh Baruah appearing for TV Today earlier submitted that the YouTube channel was being used to spread fake news and earn money.
"They upload fake videos including purported fake videos which do not belong to her," he contended.
The counsel representing Google said they would remove the page but Kashyap herself was not before the Court. Baruah said she does not want to be part of the litigation.
The Court, however, said she would have to be impleaded as a party. Nevertheless, it proceeded to pass the takedown order.