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The Delhi High Court on Friday directed the removal of certain AI-generated videos, images and posts allegedly depicting Delhi Chief Minister Rekha Gupta in a defamatory and demeaning manner, observing that political satire cannot be permitted to attack an individual's dignity.

Justice Manoj Jain passed the order in the suit filed by Gupta against the Aam Aadmi Party (AAP) and others.

The Court observed that while politicians must be prepared to face criticism and political humour, content that tarnishes an individual's dignity cannot be protected under the guise of freedom of speech and expression.

“Satire may though hurt conscience of any individual but it cannot be permitted to create irreparable wound on someone's dignity,” the Court observed.

The suit was instituted by Gupta seeking a permanent injunction restraining the defendants from publishing, circulating or disseminating allegedly defamatory and AI-generated deepfake content on social media.

The Chief Minister alleged that the impugned material, published on the official and verified social media accounts of AAP, depicted her as a liquor vendor, hawker and delivery agent, as well as the head of a purported “Har Har Rekha or Ghar Ghar Theka” scheme.

Her counsel submitted that the videos and images were highly stigmatic and disgraceful, and sought their immediate removal.

The Court noted that the material allegedly depicted the Chief Minister serving drinks to men at night, amidst a brawl and against the backdrop of a romantic soundtrack.

It further noted that one of the videos allegedly showed Gupta and Delhi Deputy Chief Minister together pouring liquor and ice cubes, with the AI-generated visuals appearing to be a “near-perfect imitation.”

The Court observed that the content created an impression that Gupta herself was a liquor vendor, with the potential to tarnish 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 added that in a democratic society, political parties are entitled to criticise governmental policies, decisions and administrative actions. However, it said that offensive portrayals of a Chief Minister through AI-generated videos that hurt her dignity cannot be considered permissible political satire.

The Court further observed that there is a thin line between political satire and 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 duty of the Court to adopt appropriate responsive measures,” it said.

The Court also noted that with the advent of technology, creating videos using AI has become increasingly easier, while the responsibility of creating and publishing such content remains with human beings.

Finding that Gupta had made out a prima facie case and that the balance of convenience was in her favour, the Court observed that the content could travel at lightning speed through social media platforms, potentially causing irreparable injury.

The Court accordingly directed defendants 3, 4 and 5 to take down the six URLs listed in the plaint forthwith.

The Court issued summons to the defendants and directed them to file written statements within 30 days of receiving the summons. The matter has been listed for further consideration on December 04.

Counsel for Plaintiff: Mr. Sameer Rohatgi, Mr. Nikhil Kohli, Mrs. Ritika Gambhir Kohli, Mr. Tushar Mudgil, Mr. Kushank Garg, Mr. Anwar Shad, Mr. Samarth Kapoor, Mr. Namit Suri, Ms. Tanya Sharma, Ms. Pepakayala Geetanjali and Mr. Anish Singh, Advocates

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