Bombay HC orders Meta, X to remove deepfake content targeting Gadkari

The court has now directed Meta and X Corp to not only remove the specific content identified in the suit but also disclose details of those responsible for uploading the material, taking a prima facie view that the content appeared to be defamatory. According to ANI, advocate Sandeep S. Ladda, appearing for the Union Minister, told ANI that the court expressed concern over the growing misuse of social media platforms to circulate deepfakes and misinformation without adequate safeguards. The court directed Meta and X to immediately remove the disputed content, including any similar material uploaded after the filing of the suit, and furnish details of the individuals responsible for posting it. Justice Doctor also questioned these online platforms if they had any mechanism to take down such posts without the person having to approach court. The court said that 'With all this technology at your disposal, don't you have some mechanism where there should be triggers? If someone upholds something vulgar or abusive, it should immediately be picked up and deleted'. The court held that if Gadkari discovers additional defamatory or deepfake content in future, he may notify the concerned intermediaries, which will be required to act on those complaints.

As reported by Business Standard, in his suit, Gadkari sought permanent and mandatory injunctions directing the removal of videos, images and social media posts that he claimed had been manipulated using artificial intelligence. The plaint alleges that the content falsely portrays him as personally responsible for the Centre's E20 ethanol-blending programme and alleges that he and his family financially benefited from it. The suit specifically disputes claims linking his son, Nikhil Gadkari, and CIAN Agro Industries & Infrastructure Limited to the ethanol programme, with Gadkari contending that the allegations are baseless and falsely suggest corruption, conflict of interest and abuse of office. The allegations made in the online posts are 'false, malicious and grossly defamatory without an iota of doubt', the suit stated, adding that it is designed to create a misleading public perception against Gadkari. The suit referenced at least 24 posts that contained such allegations, with Gadkari clarifying that his legal action was not intended to suppress fair debate or criticism of government policies but to address content that was fabricated and malicious. The suit contends that the claims are false and misleading, pointing out that the ethanol blending programme is administered by the Ministry of Petroleum and Natural Gas, not the Ministry of Road Transport and Highways headed by Gadkari.

According to ANI, Ladda argued that the current regulatory framework allows social media platforms to be misused 'almost casually' to damage reputations while offering limited mechanisms to curb such abuse. The court also questioned the platforms over the absence of effective internal systems to deal with AI-generated misinformation and defamatory content. During the hearing, counsel for Meta submitted that some online material could amount to fair comment. Gadkari's counsel clarified that the suit was not intended to suppress legitimate criticism of the minister or government policy. Justice Doctor agreed, observing that the proceedings were confined to abusive and defamatory content rather than fair criticism. The court also encouraged Meta and Google to evolve a mechanism for addressing such complaints without requiring affected individuals to approach the court each time. Justice Doctor stated that 'In future, there has to be some mechanism wherein online platforms take down the material without the person having to move court', emphasizing the urgent need for platforms to curb malicious digital content.

According to Business Standard, the matter has been posted for further hearing after four weeks by when the respondents shall file their affidavits in reply to the minister's plea. Gadkari filed a civil defamation suit seeking ₹11 crore in damages, alleging the fake content falsely portrayed him as personally responsible for the ethanol programme and financially benefiting from it. The senior BJP leader claimed that several fake, AI-generated and defamatory posts were available online regarding the ethanol-blended fuel issue. While maintaining that he does not object to fair and bona fide criticism, Gadkari argued that the impugned content crossed the line by using fabricated visuals, fake quotations and abusive language, which, according to him, cannot be protected as political commentary or satire. The suit sought an immediate takedown of all fake and fabricated content and a permanent injunction against the circulation of posts that allegedly tarnished his reputation. Gadkari also noted that the deepfake content exploited his personality and publicity rights without his consent, emphasizing the personal nature of the violation beyond mere political criticism. The High Court has permitted Gadkari to pursue the civil suit against Meta, X Corp and unidentified persons allegedly responsible for creating and circulating the disputed content.