Patna: The Patna high court, on Wednesday, directed the social media platforms to remove the AI-generated ‘deep fake’ video of Prime Minister Narendra Modi and his deceased mother, Heeraben Modi. It also issued notices to Congress leader Rahul Gandhi, Bihar Congress, Election Commission of India, as well as the central and the Bihar governments in this regard.
Pronouncing the order while hearing a Public Interest Litigation (PIL) filed by one Vivekanand Singh, the bench of acting chief justice PB Bajanthri and justice Alok Kumar Sinha asked all social media intermediaries to stop the circulation of the video in the light of the various Supreme Court judgments that have held the right to privacy and dignity as integral to the fundamental rights of a person.
“To avoid further damages, if any, the respondents – number six to eight – are hereby directed not to circulate the subject video clipping from here afterwards until further orders to be passed by this court,” the bench ordered.
Respondents number six to eight listed in the petition are Meta Platforms (Facebook, Instagram, WhatsApp), Google India (YouTube), and X (formerly Twitter) India. The video, which was allegedly circulated by the Bihar Pradesh Congress Committee (BPCC) showed the Prime Minister being scolded by his mother over his public policies, including demonetisation.
Singh, in the PIL, had asserted that the video was disrespectful and damaged the dignity of Heeraben. He had argued that it was circulated with the full knowledge of Rahul.
Appearing for the petitioner, advocate Santosh Kumar pointed out that “the video coincided with the Pitri Paksha (the fortnight dedicated to deceased parents and ancestors), during which the Prime Minister was performing rituals for his late mother, and was the worst kind of slander.”
The AI video, which was posted by one of the X (formerly Twitter) handles of the Congress, had triggered a severe row between the Bharatiya Janata Party (BJP) and the Congress. It also drew sharp criticism from different sections of society and was deleted later on.
However, copies of it went viral and are still being circulated on various social media platforms. The BJP Delhi election cell convenor Sanket Gupta registered an FIR (First Information Report) against Congress leaders later on for disseminating an AI-generated video that allegedly maligned the reputation of Prime Minister Narendra Modi and his late mother.
The police applied multiple sections of the Bharatiya Nyaya Sanhita, 2023, specifically Sections 18(2), 336(3), 336(4), 340(2), 352, 356(2), and 61(2) in the FIR. The Congress has maintained so far that it has not shown any disrespect towards the Prime Minister or his mother. Its Bihar unit has initiated an internal inquiry into the issue.
The Grand Old Party had previously drawn flak when a video of a youth hurling abuses at the Prime Minister from a dais during Rahul’s Voter Adhikar Yatra in Darbhanga surfaced. He was later arrested by the police.
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