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Synopsis

The Delhi High Court, on Thursday, directed the Election Commission of India (ECI) to swiftly address a plea requesting the commission to intervene and halt the proliferation of deep fake videos. Petitioners, a group of lawyers, expressed grave concerns over the rapid spread of manipulated videos and their potential to mislead the public during Lok Sabha Elections.

“Accordingly, this Court permits the petitioner to file a comprehensive representation during the course of the day. The Election Commission of India is directed to decide the same in accordance with law on or before 06th May, 2024 keeping in view the urgency of the issue involved”, the bench headed by Acting Chief Justice Manmohan and Justice PS Arora held. 

Senior Advocate Jayant Mehta, representing the petitioners, underscored the challenges associated with swiftly removing deepfake videos from online platforms and the consequent propagation of false information. Deepfake technology, which employs artificial intelligence algorithms to create highly realistic but entirely fabricated audio and video content, poses a serious threat to the integrity of democratic processes by fostering misinformation and eroding public trust.

Senior Advocate Mehta presented research from Europe showing the harm caused by the spread of fake videos. Even after a video is exposed as fake, many people still believe its content or feel distressed due to misinformation.

Senior Advocate Mehta stressed the importance of acknowledging such videos and using all reasonable means to remove them. ECI should also review any videos posted by political parties, using methods similar to those used for print and electronic media releases. ECI has the discretion to choose the appropriate method, but taking action within 24 hours is crucial, he emphasized. 

Senior Advocate Mehta suggested that if a complaint is lodged with ECI about a video, intermediaries should be promptly informed, and the video should be completely removed as it tends to be re-uploaded repeatedly. 

Advocate Ankit Agarwal, representing the ECI, informed the court that if the petitioners could provide a detailed representation within a reasonable timeframe, it would be addressed by May 6, 2024. He also assured that the ECI would take any necessary actions accordingly.

As a result, the court allowed the petitioner to submit a detailed representation and instructed the ECI to resolve it by May 6, 2024, considering the urgency of the matter.

Accordingly, the court dismissed the petition.

Case Title: Lawyers Voice v Union Of India (W.P.(C) 6186/2024)