The Delhi High Court has directed the takedown of AI videos depicting Delhi Chief Minister Rekha Gupta as a liquor vendor, holding the content defamatory and offensive and an attack on the dignity of a woman with constitutional authority.
The court’s order came on a suit filed by Gupta seeking a permanent injunction and a direction to remove a series of AI-generated images, videos and posters published from the official and verified accounts of the Aam Aadmi Party (AAP).
Justice Manoj Jain, in an order passed on Friday, said any political party is entitled to criticise any governmental policy or decision or administrative action of the government. Still, in the garb of expression of disapproval of any such policy, the offensive portrayal of the chief minister, with the assistance of AI-generated videos, hurting her very dignity can be, by no stretch of imagination, said to be in the realm of permissible political satire.
The court said there is always a thin line between a political satire and an offensive depiction.
“When it comes to mere humour or satire, the court may not interfere, but when a person’s dignity is attacked, tarnished and ridiculed, it becomes the duty of the court to adopt appropriate responsive measures,” the judge said.
The court said holding public office automatically invites greater scrutiny, but no individual’s dignity can be compromised.
“Satire may though hurt the conscience of any individual, but it cannot be permitted to create irreparable wound on someone’s dignity. In the garb of freedom of speech and expression and under the disguise of humour and satire, no one can be permitted to be reduced to an object of ridicule and insult,” it said
The court said that the possibilities of depiction, in the modern era, are limitless. Still, the responsibility to create and publish such content rests with a human and, therefore, legitimate boundaries ought not to be transgressed.
Gupta, in her suit, alleged that the impugned material, published on the official and verified social media accounts of the AAP, depicted her as a liquor vendor, hawker and delivery agent, as well as the head of a non-existent scheme, and sought damages.
The court, which issued a summons to the AAP and other defendants and directed them to file written statements within 30 days, noted that none appeared on behalf of the defendants despite advance notice.
Gupta’s counsel submitted that the videos and images were highly stigmatising and disgraceful.
Counsel said the content created the impression that Gupta was a liquor vendor.
The court said Gupta made out a prima facie case and that the balance of convenience favoured her.
While granting her interim relief, the court observed that the content could travel at lightning speed through social media platforms, potentially causing irreparable injury.
The court directed the social media platforms to take down the six URLs listed in the suit forthwith. It listed the matter for further consideration on December 4.