New Delhi: A Delhi man has sent a legal notice to Meta and an Instagram creator, who allegedly recorded him without his knowledge using the camera-equipped Ray-Ban Meta smart glasses. He has not only demanded the removal of the video but also Rs 2.05 crore in damages and an apology from the content creator.
The said creator uploaded the video on Instagram on 26 July, where it crossed 4.19 lakh views and attracted hundreds of comments. The complainant was quick to report the video, but the platform informed him that the content did not violate its community standards.
Digital rights organisation Internet Freedom Foundation (IFF) took a stand for the man, saying, “Meta’s grievance mechanism has failed him too.” They didn’t reveal his identity in their tweets, and have referred to him as “Mr X”.
The foundation, which is also providing the Delhi man with pro bono legal assistance, has argued that Meta is liable for the design and marketing of the device, which, according to them, is “deliberately styled to be indistinguishable” from ordinary spectacles.
“The incident raises a simple question: can a stranger turn an unsuspecting person into “content” without their consent? On 24 July, Mr. X was sitting alone at a café when he was approached, harassed, and followed by an Instagram creator. He later discovered that the encounter had been covertly recorded through camera-equipped smart glasses,” the foundation wrote in the tweet.
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Denied duty of care
It is understood that the account of the content creator was temporarily deactivated and later restored. The video in question is still available on the profile.
“This is not simply a moderation failure. It raises questions about how platforms respond when their products and systems facilitate violations of privacy,” IFF added.
The IFF notice states that Meta “owed Mr. X a duty of care and that this liability arises independently of its role as an intermediary.”
Notably, Meta smart glasses have an indicator light near the right temple which turns on when a video is being recorded. The same indicator also flashes when a photo is being taken.
However, according to IFF, the “recording indicator on the said devices is inadequate and easily overlooked”.
ThePrint reached out to the lawyer, but they declined to comment, citing the ongoing nature of the case.
(Edited by Ratan Priya)