[BREAKING] Lok Sabha Polls 2024 | “We Trust ECI to Act”: Delhi HC | Deepfake Videos

The Delhi High Court Today (May 2nd) refrained from passing any directions to the Election Commission of India (ECI) to stop the circulation of deepfake videos amid the Lok Sabha elections.

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NEW DELHI: The Delhi High Court opted against issuing directives to the Election Commission of India (ECI) regarding the cessation of circulation of deepfake videos amidst the ongoing Lok Sabha elections.

The Division Bench, comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, articulated that it refrains from intervening in such matters mid-election, expressing confidence in the Election Commission’s ability to take requisite action.

“Court cannot pass a direction in the middle of the election. Let’s leave it to ECI. We trust them,” 

–the Bench remarked.

During the proceedings, Senior Advocate Jayant Mehta, representing the petitioner, advocated for a system akin to the ECI’s certification process for political advertisements in traditional media, to be extended to content on social media platforms. However, the Bench raised concerns about the practicality of such a suggestion, noting the ubiquitous nature of political interactions, including impromptu gatherings and rallies.

The Court underscored the complexity of regulating political discourse, likening the proposed regulation to requiring politicians to seek permission from the ECI for every interaction with constituents. It urged the petitioner to file a representation with the ECI, mandating the electoral body to adjudicate on the matter by May 6 and take requisite actions.

“The suggestion you are making may not be appropriate. It is like saying when you go to address a political rally, they (politician) must take permission from the ECI. If you are travelling in the constituency obviously, a small group will stop you and you will speak to them,” 

–the Court remarked.

In response, the Election Commission apprised the Bench that it had already removed the contentious videos featuring prominent figures like Amit Shah, Rahul Gandhi, Aamir Khan, and Ranveer Singh, and initiated criminal proceedings against the perpetrators. The Court, in turn, suggested public disclosure of the identities of accounts disseminating fake videos and proposed the implementation of dynamic injunctions to disable retweets of such content.

However, the Court declined to issue specific directives to the ECI for the formulation of guidelines, citing the inopportune timing amidst ongoing elections. It emphasized its reluctance to interfere with electoral processes midway, underscoring the need for prudence and restraint in judicial interventions during such critical junctures.

BACKGROUND

A Public Interest Litigation (PIL) been initiated in the Delhi High Court, calling for the Election Commission of India (ECI) to curb the distribution of deepfake videos during the Lok Sabha elections.

Senior Advocate Jayant Mehta presented the petition to a bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, who have agreed to deliberate on the issue tomorrow.

Mehta explained that a group of lawyers filed the PIL, expressing significant concerns over the spread of deepfake videos in the current electoral season. He highlighted the problematic nature of these videos, which disseminate misleading narratives and can cause substantial harm before any corrective actions are possible.

“The videos are creating a narrative of misinformation,”

-he emphasized.

Additionally, Mehta pointed out that although there exists a legal framework under the Information Technology Act to address these offenses, the enforcement process is sluggish. Acting Chief Justice Manmohan acknowledged the complexities introduced by such technological advancements.

The court declared that if the petition’s documentation is finalized by 12:30 PM today, they will proceed with the hearing tomorrow.

This PIL gains further relevance following the recent viral spread of a deepfake video featuring Union Home Minister Amit Shah. In response, law enforcement agencies across various states have launched investigations and issued notices to numerous political figures involved.

Click Here to Read Previous Reports on Deepfake Videos

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