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The Delhi High Court has directed the removal of certain AI-generated videos, images and social media posts allegedly portraying Delhi Chief Minister Rekha Gupta in a defamatory and demeaning manner, observing that political satire cannot be permitted to inflict an irreparable wound on an individuals dignity.
Justice Manoj Jain passed the order on Friday while hearing a suit filed by Gupta against the Aam Aadmi Party (AAP) and others over the alleged circulation of AI-generated and deepfake content on social media. The Court said that while public figures and politicians are expected to face criticism, scrutiny and political humour, their personal dignity cannot be compromised under the guise of satire or freedom of speech and expression. Satire may though hurt the conscience of any individual, but it cannot be permitted to create an irreparable wound on someones dignity, the Court observed. Gupta had approached the High Court seeking a permanent injunction against the publication, circulation and dissemination of allegedly defamatory and AI-generated deepfake material. According to her suit, the impugned content was allegedly published through official and verified social media accounts of AAP and portrayed her as a liquor vendor, hawker and delivery agent. The material also allegedly referred to a purported Har Har Rekha or Ghar Ghar Theka scheme. Counsel for Gupta submitted that the videos and images were highly stigmatic and disgraceful and sought their immediate removal from social media platforms. The Court noted the nature of the impugned material, including content allegedly showing the Chief Minister serving drinks to men at night amid a brawl, accompanied by a romantic soundtrack. It also referred to another video allegedly showing Gupta and the Delhi Deputy Chief Minister pouring liquor and ice cubes. The AI-generated visuals, the Court noted, appeared to be a near-perfect imitation. The Court said the content was capable of creating an impression that Gupta herself was engaged in the sale of liquor, potentially affecting her personal dignity and moral character. Undoubtedly, holding public office automatically invites greater scrutiny but, at the same time, the dignity of any individual cannot be compromised, the Court said. It observed that in a democracy, political parties were entitled to criticise government policies, decisions and administrative actions. However, offensive portrayals of a Chief Minister through AI-generated content that allegedly tarnish her dignity could not be treated as permissible political satire. The Court further said there was a thin line between humour and political satire on the one hand and an offensive attack on an individuals dignity on the other. When it comes to mere humour or satire, the Court may not interfere but when a persons dignity is attacked, tarnished and ridiculed, it becomes duty of the Court to adopt appropriate responsive measures, it observed. Justice Jain also took note of the growing use of artificial intelligence, observing that technology had made it easier to create highly realistic videos and images. However, the Court said responsibility for creating and publishing such content ultimately remained with human beings. Finding that Gupta had established a prima facie case and that the balance of convenience was in her favour, the Court said the impugned content could spread at lightning speed through social media, resulting in irreparable injury. The Court accordingly directed defendants 3, 4 and 5 to take down the six URLs identified in the plaint forthwith. It also issued summons to the defendants and directed them to file their written statements within 30 days of receiving the summons. The matter is listed for further consideration on December 4. (ANI)
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