The Delhi High Court has instructed the Election Commission (EC) to make a decision regarding the use of deepfake technologies in the political campaign for the ongoing elections. This directive is particularly significant due to the controversy surrounding an alleged deepfake video of Union Home Minister Amit Shah, where he is heard opposing reservations in the country on behalf of the BJP. The bench, led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, has urged the Election Commission to promptly address this matter. While the court cannot intervene during the elections, it has emphasized that the Election Commission will take action and investigate the issue. Additionally, the petitioner has been instructed to submit a comprehensive representation to the EC today. The plea, filed by an organization called Lawyer Voice, highlights the detrimental impact of deepfake technologies and the spread of misinformation on social media platforms, which undermines the fairness of elections. The plea also requests social media intermediaries such as Google, Meta (formerly Facebook), and X Corp (formerly Twitter) to remove and block deepfake content related to political candidates, representatives, leaders, and public figures on their platforms until the General Election results are declared on June 4, 2024. The plea further emphasizes that various international organizations and countries have recognized the concerning potential of deepfake technologies in compromising free and fair elections.
The plea highlighted that political parties in the European Union have agreed to a voluntary code of conduct within the EU charter on fair campaigning, pledging to avoid the use of deepfake technologies during the upcoming elections scheduled from 6th June to 9th June 2024. Senior advocate Jayant Mehta, representing the petitioner, emphasized the significant risks associated with the rapid spread of deepfake content involving political figures. He pointed out that such content could potentially manipulate election results by deceiving the public, thus impeding their right to freely elect their representatives. Moreover, the unregulated nature of deepfake technology poses a challenge for voters to hold their elected officials accountable, as distinguishing between genuine and fabricated information becomes increasingly difficult. The plea underscored that the prevalence and misuse of deepfake technologies pose a serious threat to the integrity of democratic elections. Additionally, it was noted that the current legal framework, both civil and criminal, is inadequate to effectively address the negative impacts of deepfake technologies.
