AI-Generated Video Attacks Dignity Of Woman: Delhi High Court Orders Takedown Of AAP’s Videos Portraying CM Rekha Gupta As Liquor Vendor
The Delhi High Court was considering a suit instituted by the Chief Minister of National Capital Territory of Delhi seeking permanent injunction.
The Delhi High Court has ordered the takedown of AI-generated videos published from the accounts of the Aam Aadmi Party portraying Chief Minister Rekha Gupta as a liquor vendor and hawker. The High Court held that the AI-generated content was not only defamatory and offensive but also attacked the dignity of a woman, having constitutional authority.
The High Court was considering a suit instituted by the sitting Chief Minister of the National Capital Territory of Delhi seeking a permanent injunction restraining the defendants from publishing, circulating and disseminating defamatory and AI-Generated deep fake content on social media. The Plaintiff requested a direction to take down a series of AI-Generated images, videos and posters published from the official and verified accounts of the first defendant, Aam Aadmi Party.
The Single Bench of Justice Manoj Jain held, “Healthy criticism and satirical humor may not raise any eyebrows but AI-generated videos and the posts in question have clearly breached the dividing line as the contents are not only defamatory and offensive but also attack the dignity of a woman, having constitutional authority.”
Advocate Sameer Rohatgi represented the Plaintiff.
Arguments
The plaintiff submitted that the impugned material, put in the public domain, depicted the plaintiff, a sitting Chief Minister, as a liquor vendor, hawker and delivery agent and as head of non-existent “Har Har Rekha or Ghar Ghar Theka” Yojana. It was further submitted that the impugned defamatory material showed the Chief Minister herself serving drinks to men at night, amidst a brawl and in the backdrop of a romantic soundtrack. The contents, according to the plaintiff, were highly stigmatic, disgraceful and defamatory.
Reasoning
The Bench held, “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 Bench held 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. “The impugned contents give an impression as if plaintiff herself is a liquor-vendor and that her such depiction has evident potential to tarnish her personal dignity and moral character, not only as a Chief Minister but as a woman also”, it added.
The Bench further stated that any political party is entitled to criticize 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 cannot be said to be in the realm of permissible political satire.
Holding that the balance of convenience was in favour of the plaintiff, the Bench directed that the alleged videos be taken down.
Cause Title: Smt Rekha Gupta v. Aam Aadmi Party & Ors. (Case No.: CS(OS) 1019/2026)
Appearance
Plaintiff: Advocates Sameer Rohatgi, Nikhil Kohli, Ritika Gambhir Kohli, Tushar Mudgil, Kushank Garg, Anwar Shad, Samarth Kapoor, Namit Suri, Tanya Sharma, Pepakayala Geetanjali, Anish Singh