Court says five social media posts are prima facie defamatory but rules criticism of a politician does not amount to a violation of personality rights
The Delhi High Court on Wednesday granted partial relief to BJP MP Raghav Chadha by directing the removal of five social media posts that it found to be prima facie defamatory, while rejecting his plea based on personality rights.
Justice Subramonium Prasad ruled that although certain posts warranted removal, the dispute did not involve any violation of Chadha’s personality rights.
“There are no personality rights involved. However, I have ordered the takedown of only five documents. The rest are not defamatory prima facie,” the court observed while pronouncing the order.
Chadha had moved the High Court alleging that his image and persona were being misused across social media through AI-generated deepfakes, manipulated videos, synthetic voice cloning, morphed visuals and fabricated speeches.
He contended that the content falsely portrayed him as having “sold himself for money” and sought protection under personality rights.
Court limits relief
The High Court, however, held that the case was essentially one of alleged defamation rather than misuse of personality rights. It directed the removal of only five specific posts that it considered prima facie defamatory, while declining to interfere with the remaining content.
The order follows the court’s observations during an earlier hearing on May 27, when it refused interim relief and remarked that criticism, satire and cartoons aimed at political leaders cannot be restrained merely because they are offensive or unpalatable.
The court had also noted that the disputed posts related to criticism of Chadha’s political decisions rather than the commercial exploitation of his identity.
AI content and political satire
In his petition, Chadha objected to several AI-generated and digitally altered posts, including content depicting him wearing a saree and images showing Prime Minister Narendra Modi showering him with money.
His legal team argued that such material was profane, defamatory and falsely suggested that he had switched political allegiance for financial gain.
The controversy arose after Chadha, who had entered the Rajya Sabha as an Aam Aadmi Party nominee, joined the Bharatiya Janata Party in April this year.
While granting limited relief, the High Court clarified that a personality rights petition was not the appropriate legal remedy in the circumstances, observing that Chadha could pursue a defamation case over specific instances if required.
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