'Can't Pass A Direction In Middle Of Elections, ECI Will Take Action': Delhi High Court Closes PIL To Curb Circulation Of Deepfake Videos

The Delhi High Court on Thursday disposed of a public interest litigation (PIL) to curb circulation of deepfake videos during the ongoing Lok Sabha polls, observing that it cannot pass a direction in the middle of the elections and that the Election Commission of India (ECI) is not remediless and will act on the issue. 

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora disposed of the PIL filed by lawyers voice and asked the petitioner to file a comprehensive representation to the ECI during the course of the day. 

The bench directed the ECI to decide the representation as expeditiously as possible by Monday, keeping in view the urgency of the matter.

The counsel appearing for ECI told court that any steps which are required to be taken in the matter shall be taken by it. 

“You give the representation to the ECI and they will consider it. Please understand, we can only recommend the ECI to examine the aspect. What more can we so? We have to trust the ECI. At this moment, the court cannot pass a direction in the middle of an election. They will act. We have to trust the ECI,” ACJ said.

Senior Advocate Jayant Mehta appeared for the petitioner and submitted that the 24 hours time period as stipulated under the legal regime for taking action against the infringing content is too less and that ECI must instruct the social media intermediaries to ensure that the deepfake content is not replicated.

“Court's interdiction at this stage won't be proper. You'll make a representation yo them. Court should not give any direction at this moment,” the court said.

It added: “ECI is not remediless. It will take action.”

Mehta told court that the ECI already has a mechanism in place to ensure that no political advertisement or any electronic media release is released without pre certification from the competent authority.

“They already have it for any electronic media release. It recognizes the fact that it has to be pre certified,” he said.

As court remarked that earlier also rumours used to spread about politicians during elections, Mehta said that the deepfake content is a lot more vicious and faster.

The court then remarked that a dynamic order can be passed by ECI saying that all the links which have been retweeted (deepfake video) will also be disabled.

The counsel for ECI informed court that FIRs have been filed on the criminal complaints lodged regarding the deepfake videos as mentioned in the PIL. He said that accounts in question have also been withheld by X platform.

The court remarked that there is no technology by virtue of which uploading of deepfake videos can be stopped.

“It can be created by anyone. Once you know the handle, the account is disabled. Once they disable the account, that's max that can be done,” the court said. It added,

“It won't be proper to interject with the jurisdiction of ECI. Let's leave ECI on its own. We have to live with ECI. It is a constitutional body. We have to show confidence in them. Let's trust the ECI. Earlier also rumours used to spread…”

ASG Chetan Sharma appeared for the Union of India.

The PIL sought a direction on the Election Commission of India (ECI) to formulate guidelines for verification of video messages to peremptorily weed out deepfake videos or for prohibiting the use of deepfake technologies in any media or mode of mass communication that may be employed for reaching out to voters, pursuant to the enforcement of the Model Code of Conduct and until the declaration of election results  

A further direction was sought on ECI to collect and compile data pertaining to the use of Deepfake Technologies with respect to any political candidate or leader, commencing from January 01 till date, and to file a report before the court.

It also sought a direction on Google, Meta and X to take down and block the deepfake content or political leaders on their respective social media platforms until the declaration of the results.

The instances of deepfakes videos mentioned in the PIL are:

- A deepfake video by an X user in which bollywood actor Ranveer Singh is heard saying "Modi ji's purpose and goal to celebrate our painful life, fear, and unemployment ... vote for justice, vote for Congress”

- Another video of bollywood actor Aamir Khan seeking votes for Congress

- An AI generated video indicating Congress leader Rahul Gandhi to be swearing-in as the Prime Minister of India

- A video in which Union Home Minister Amit Shah is heard saying “Bhartiya Janata Party ki Sarkar banegi to yeh gairsanvidhanik SC, ST aur OBC, vo registration ko hum samapt kar denge.”

A representation was made by the petitioner to ECI on April 24 highlighting the “unchecked and unregulated” use of deepfake videos during the elections.

Title: LAWYER'S VOICE v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 534