HC says 'it trusts EC' to take steps to stop deepfake videos' circulation

The ECI told Delhi high court that the videos of Amit Shah, Rahul Gandhi, Aamir Khan, and Ranveer Singh, referred to in the petition, have been taken down and criminal complaints have been filed

The Delhi High Court on Thursday said it "trusts the Election Commission of India (ECI) to take appropriate action" to stop the circulation of deepfake videos amid the Lok Sabha elections.

The court cannot pass such directions during the elections and that it trusts that the Election Commission of India (ECI) will take appropriate action.

"Court cannot pass a direction in the middle of the election. Let's leave it to ECI. We trust them," a bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said.

The Public Interest Litigation (PIL), filed by Lawyers Voice, raised concerns about the potential impact of deepfake content on the electoral process and sought intervention from the court.

The petitioner told the court that the ECI certifies any political advertisement meant for print and electronic media and a similar mechanism should be put in place for the content on social media as well.

However, the Bench said the suggestion they are making may not be appropriate. "It is like saying when you go to address a political rally, they (politicians) 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.

It asked the petitioner to file a representation with the ECI. The poll body has to decide by 6 May and take appropriate steps.

The ECI told the court that the videos of Amit Shah, Rahul Gandhi, Aamir Khan, and Ranveer Singh, referred to in the petition, have been taken down and criminal complaints have been filed.

The Court said the accounts which are posting fake videos repeatedly must be acted against and their names should be put in the public domain as well. It told ECI to think of a dynamic injunction so that retweets of the deepfake videos can also be disabled.

However, the Court refused to pass any directions to ECI "in the middle of the elections".