'Days Of Deepfakes': Gujarat High Court Rejects PIL Filed Solely Based On WhatsApp Video Alleging Illegal Demolition Of College Building

The Gujarat High Court dismissed a PIL alleging illegal demolition of a college building based on a video received by the litigant over WhatsApp, observing that in the age of "deepfake"— images, videos and audios can be edited or generated using artificial intelligence (AI) to target any person. The court also said that such videos are circulated and made viral by people wherein none of whom can vouch for their authenticity. The plea asserted that on February 4, the petitioner received a video on WhatsApp alleging that demolition work of a building of Gujarat College is being done without any tender proceedings, and that the scrap of the building was being taken away by someone with the collusion of government officers and College Principal.The petitioner contended that he had visited the college and verified the details of the video circulated on WhatsApp, clicked pictures and selfies confirming that the alleged illegal demolition work was being carried out without any tender proceedings.A division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order said:"On a query made by the Court as to how the said statements could be verified, and how the genuineness of the video could be ascertained, which is the sole basis of filing the present petition, no proper answer could be given by learned counsel for the petitioner. Learned advocate appearing for the petitioner, however, vehemently argued that, in these days of Social Media, the information circulated by way of messages and videos cannot be ignored and due credence is to be given by the Court, to the allegations therein to initiate an enquiry. We are afraid to accept such a sweeping statement made by the learned advocate at the bar. These are the days of deepfake; images, videos or audios have been edited or generated using artificial intelligence (AI) to target any person. Such videos are circulated and made viral by the people, none of whom can vouch for their authenticity...The tool of the public interest litigation cannot be utilized by anyone claiming to be a social worker, on the basis of any viral video or information circulated on the social media, that too in a matter where the question is of award of contract for some infrastructural work going on in a college. Moreover, none of the college authorities are impleaded in the writ petition, who may have been instrumental in awarding the contract". The court also noted that the fact that the petitioner has verified the incident of demolition carried out without any tender proceedings, had not been disclosed in the PIL.It further noted that as per the petitioner's own contention the basis of filing of the plea was a "viral video circulated on the WhatsApp". The court further said that the assertions in paragraphs 1, 2 and 3 of the petition are "cryptic" in regard to the statement that the notice be served to the State of Gujarat through the Secretary, Roads and Buildings Department–who is necessary and proper party to restrain the wrongdoers from continuing the illegal sand mining. "This statement in para-1 at internal page-5 of the paper book, while giving description of the respondent in the writ petition, itself makes it clear that the present petition is a copy-paste of some other writ petition. The contention of the learned counsel for the petitioner, however, is that the words “illegal sand mining” are typing mistake," the order notes.The court noted that sub-para (2) at page-5 of the paper book stated that the Executive Engineer, Road & Building Department who had awarded the alleged contract of demolition of the chemistry building is also necessary and proper party.It however said that the plea did not disclose the basis of the petitioner's statement on oath, that the demolition of a Government building is being carried out by the Executive Engineer, Roads and Buildings Department, by awarding contract without floating any tender. "The basis of all the statements made in the writ petition, as admitted, in various paragraphs of the writ petition, is only the viral video circulated on WhatsApp," the court said.The court further said that in order to maintain a PIL it is imperative for the court to satisfy itself about litigant's credentials, prima facie correctness or nature of information given by him and the information should not be vague and indefinite. It said that the Court has to strike balance between two conflicting interests–nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others and avoidance of public mischief. "In any case, this Court is not satisfied with the bona-fides of the petitioner and his credentials cannot be certified, which is the most crucial aspect in entertaining a public interest litigation under the Rules framed by the High Court to regulate the filing of the public interest petition. In view of the above, we find that the present public interest litigation based on the...

'Days Of Deepfakes': Gujarat High Court Rejects PIL Filed Solely Based On WhatsApp Video Alleging Illegal Demolition Of College Building

Lovina B Thakkar

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