Delhi HC directs removal of AI videos showing Delhi CM as liquor vendor

The court said there is always a thin line between a political satire and an offensive depiction.
Delhi High Court
Delhi High CourtPTI Image
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New Delhi, Nov 7 (PTI) 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 permanent injunction and a direction for the removal of a series of AI-generated images, videos and posters published from the official and verified accounts of 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 but 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 the dignity of any individual cannot 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, but the responsibility to create and publish any such content is within the control of a human and, therefore, the 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.

The counsel said the content created an impression that Gupta was a liquor vendor.

The court said Gupta made out a prima facie case and that the balance of convenience was in her favour.

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 forthwith take down the six URLs listed in the suit.

It listed the matter for further consideration on December 4.