The Delhi High Court has instructed various online platforms to take down specific defamatory social media posts aimed at BJP Rajya Sabha MP Raghav Chadha. While acknowledging the importance of political satire and criticism in democracy, the court emphasized that content deemed “profane and vulgar” cannot be shielded as harmless humor. The court directed intermediary platforms to remove the specified URLs within two weeks and provide the Basic Subscriber Information (BSI) and IP logs associated with the posts to Chadha.
The court highlighted that certain content, including documents containing explicit and vulgar material, exceeded the boundaries of satirical humor. Consequently, the court restrained the publication of such content by Defendant No. 1 and ordered Defendants No. 2 and 4 to remove the URLs linked to these specific documents. However, the court declined to order the removal of other challenged content, noting that most of it pertained to criticisms of Chadha’s political decisions following his switch from the Aam Aadmi Party (AAP) to the Bharatiya Janata Party (BJP).
Addressing the nature of the content, the court recognized that a significant portion of the allegedly defamatory material constituted satirical expressions of Chadha’s political choices, which are expected to attract both praise and criticism. It emphasized that humor regarding political party shifts, governance, and policies is inherent to politics, and public figures in positions of power must be prepared for satirical commentary as part of their profession, even if unpleasant.
The court also clarified its stance against the use of artificial intelligence to create deepfakes or manipulated content aimed at tarnishing an individual’s reputation. It stressed the importance of maintaining a fair balance between an individual’s right to dignity and the constitutional right to free speech. Chadha had approached the court seeking protection of his personality and publicity rights against unauthorized use of his identity across online platforms, including through AI-generated content portraying him negatively.
