Bombay HC allows Gadkari’s suit against Meta, X over E20 deepfakes

Mumbai: Union Transport Minister Nitin Gadkari can institute a civil suit against Meta Platforms, X Corp, Google LLC and others over allegedly defamatory AI-generated deepfake videos and manipulated digital content linked to the controversy surrounding ethanol-blended fuel and the E20 initiative, the Bombay High Court ruled on Monday.

The suit seeks the removal of allegedly defamatory content that Gadkari claims falsely associates him with the Ethanol Blended Petrol (EBP) programme and the E20 initiative. According to his plea, both programmes are administered exclusively by the Union Ministry of Petroleum and Natural Gas, and he has no role or connection with either initiative.

Justice Abhay Ahuja permitted Gadkari, represented by advocate Sandeep S. Ladda, to institute the suit before the Bombay High Court. The court will hear his application seeking interim relief, including a temporary injunction, at a later date.

The Union Ministries of Electronics and Information Technology and Telecommunications have also been named as respondents in the suit.

Gadkari said the purpose of filing the civil suit against Meta Platforms, X Corp, Google LLC and others was not to prevent public discussion, debate, analysis or fair criticism of his actions or government policies.

“The purpose and object of filing the suit is not to curtail or prevent the public at large from engaging in discussion, debate, analysis or fair, just and bona fide criticism of any decision taken by the plaintiff himself or by his office,” the plea stated.

It argued that the allegedly defamatory and deepfake content published on the defendant platforms was “false, fabricated and defamatory” towards Gadkari.

The suit also contends that the deepfake videos constitute an unauthorised use of Gadkari’s personality and publicity rights without his consent.

“Plaintiff has no role or nexus whatsoever with EBP or the E20 initiative, which is administered exclusively by the Ministry of Petroleum and Natural Gas. The Defamatory Content, insofar as it consists of profane and abusive language directed at the Plaintiff, falls outside the ambit of legitimate political criticism or satire. The Deep Fake Content constitutes an unauthorised exploitation of the Plaintiff's personality and publicity rights. That the balance of convenience lies in favour of the Plaintiff, who continues to suffer irreparable harm to his reputation not compensable in terms of money,” the suit stated.

In his plea, Gadkari alleged that unidentified persons had circulated posts and deepfake content falsely portraying him as personally responsible for the EBP and E20 initiatives. The suit further claimed that some of the posts alleged that Gadkari and his family had financially benefited from the programmes.

Gadkari has termed the allegations false and alleged that they were intended to create a misleading impression that he had misused his public office for private financial gain, thereby causing irreparable damage to his reputation.

The suit seeks directions to the defendants to remove, disable and prevent the further circulation of the allegedly defamatory and manipulated content.

The case comes after the BJP's Nagpur city social media cell chief filed a police complaint against several social media influencers and content creators over posts allegedly targeting Gadkari in connection with the controversy surrounding ethanol-blended fuel.

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