The Delhi High Court on Thursday observed that there was a “thin line between political criticism and defamation” while hearing a plea filed by Raghav Chadha seeking removal of alleged defamatory and AI generated social media posts targeting him after his exit from the Aam Aadmi Party and joining the BJP. Justice Subramonium Prasad reserved orders on Chadha’s request for interim relief seeking the takedown of the posts.
During the hearing, the court remarked, “It is a comment by an individual criticizing a political decision… As a political leader, can you be sensitive.”
The judge further noted, “Right from Independence, we have grown up seeing R K Laxman’s cartoons… In various ways, criticism has been made on decisions taken politically, economically… Now social media has gone to a greater extent. But still, at the end of the day, it’s still within the realm of a comment by a person.”
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Chadha Claims Posts Harm Reputation
Senior advocate Rajiv Nayar, appearing for Chadha, argued that several posts carried profane and fabricated content, including allegations suggesting the MP had “sold himself away for money”.
Chadha’s counsel maintained that such content could not be termed “fair criticism” and urged the court to order immediate removal of the posts. “Can’t stay even for a day,” the senior lawyer argued before the bench.
However, Justice Prasad orally observed, “According to me, prima facie, these are all only criticism of a political decision.”
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The court emphasised the balance between free speech and personal dignity, stating, “The line between defamation and criticism is quite thin, right? It’s very easy to slip to the other side, which affects your right to live with dignity and you cannot infringe on this side at the same time. Your Article 19 (1) (a) right also cannot be taken away.”
The court also suggested appointing an amicus curiae as the alleged offending posts were uploaded by unknown individuals. Chadha’s plea alleges misuse of artificial intelligence and deepfake technology to circulate manipulated content harming his reputation and constitutional rights.
(With Inputs From Agencies)