‘Crossed the line’: Delhi HC orders takedown of AI content on CM Rekha Gupta

It said political satire does not protect content that undermines an individual’s dignity and issued summons in Gupta’s defamation suit against the AAP.

No one can be reduced to an object of ridicule and insult under the garb of freedom of speech and expression or under the disguise of humour and satire, the Delhi High Court said on Friday, ordering the takedown of AI-generated videos, images and posts allegedly depicting Delhi chief minister Rekha Gupta in a defamatory and demeaning manner.

The court passed the order while hearing a defamation suit filed by CM Gupta against the Aam Aadmi Party (AAP), seeking the removal of allegedly defamatory AI-generated deepfake content circulated on social media. (Vipin Kumar/HT Photo)

A bench of justice Manoj Jain said that while politicians must remain open to criticism, political humour and satire, content that undermines an individual’s dignity cannot claim protection under the Right to Freedom of Speech and Expression.

The judge said that the content gave an impression that the CM herself was a liquor vendor and that such depiction has evident potential to tarnish her personal dignity and moral character. The court said that AI-generated videos and the posts in question have clearly crossed the line.

“Undoubtedly, holding public office, automatically, invites greater scrutiny but, at the same time, the dignity of any individual cannot be compromised. Satire may though hurt 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,” the court said.

Defamation Suit and Next Hearing

It said, “Admittedly, 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 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 passed the order while hearing a defamation suit filed by CM Gupta against the Aam Aadmi Party (AAP), seeking the removal of allegedly defamatory AI-generated deepfake content circulated on social media.

Her counsel, Sameer Rohatgi, argued that the videos and images were highly derogatory, stigmatising and damaging to her reputation, and sought their immediate takedown.

None represented AAP. The court also issued summons in the suit and fixed December 4 as the next date of hearing.

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