'Can't Let Satire Wound Someone's Dignity': Delhi HC Orders Takedown of AI Videos Portraying CM Rekha Gupta as Liquor Vendor

New Delhi: The Delhi High Court has directed the removal of six AI-generated videos and related content that depict Delhi Chief Minister Rekha Gupta as a liquor vendor, ruling the material defamatory, offensive and an assault on the dignity of a woman holding constitutional office.

The order was passed by Justice Manoj Jain on Friday in a suit filed by Gupta. She had sought a permanent injunction and the deletion of a series of AI-created images, videos and posters circulated from the official and verified social media accounts of the Aam Aadmi Party (AAP).

The Court observed that while public figures and politicians are expected to endure criticism, scrutiny and political humour, their personal dignity cannot be compromised under the guise of satire or the freedom of speech and expression.

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

Gupta had approached the High Court seeking a permanent injunction against the publication, circulation and dissemination of allegedly defamatory and AI-generated deepfake material. According to her suit, the impugned content was published through official and verified social media accounts of the AAP and portrayed her as a liquor vendor, hawker and delivery agent. It also allegedly referred to a purported “Har Har Rekha or Ghar Ghar Theka” scheme.

The Chief Minister’s legal team, led by advocate Sameer Rohatgi, argued that the content went beyond political satire and was designed to damage her reputation. Rohatgi described the material as “highly disgraceful, stigmatic” and a direct attack on her personal dignity and moral character.

Despite advance service, the defendants did not appear before the court. The hearing lasted over an hour, during which Rohatgi made detailed submissions and the judge examined all the offending material. Finding the content to be in poor taste, the court passed a detailed order directing its removal and restraining its further circulation.

Regarding the matter, Advocate Sameer Rohatgi, said, “The Delhi High Court has passed an important order in the the context of striking a fine balance between right to reputation and dignity of an individual and the use of AI generated synthetic material. It is one of the few orders that deal with the emergent challenges of the use of AI to completely mimic and clone the personality of a political figure in a hyper realistic manner. The court has found prima facie that the content was disparaging and hurts the very dignity of the individual and can by no stretch of imagination, be said to come within the realm of permissible political satire.” 

The Court noted the nature of the impugned material, including content allegedly depicting the Chief Minister serving drinks to men at night amid a brawl, accompanied by a romantic soundtrack. It also referred to another video allegedly showing Gupta and the Delhi Deputy Chief Minister pouring liquor and ice cubes. The AI-generated visuals, the Court observed, appeared to be a “near-perfect imitation.”

The Court held that the content was capable of creating an impression that Gupta herself was engaged in the sale of liquor, potentially affecting 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 observed that in a democracy, political parties are entitled to criticise government policies, decisions and administrative actions. However, offensive portrayals of a Chief Minister through AI-generated content that allegedly tarnish her dignity cannot be treated as permissible political satire.

The Court further noted that there is a thin line between humour and political satire on the one hand, and an offensive attack on an individual’s dignity on the other. “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 observed.

Justice Jain also took note of the growing use of artificial intelligence, observing that technology has made it easier to create highly realistic videos and images. Nevertheless, the Court emphasised that responsibility for creating and publishing such content ultimately remains with human beings.

Finding that Gupta had established a prima facie case and that the balance of convenience lay in her favour, the Court observed that the impugned content could spread at lightning speed through social media, resulting in irreparable injury.

The Court accordingly directed defendants 3, 4 and 5 to take down the six URLs identified in the plaint forthwith. It also issued summons to the defendants and directed them to file their written statements within 30 days of receiving the summons. The matter is listed for further consideration on December 4.