The Patna High Court on Wednesday directed the immediate removal of a 36-second AI-generated video featuring Prime Minister Narendra Modi and his late mother, Heeraben Modi, posted by the Bihar Congress from all social media platforms, citing violations of privacy and dignity rights.
A Bench comprising Acting Chief Justice P B Bajanthri and Justice Alok Kumar Sinha passed the interim order while hearing a Public Interest Litigation filed by one Vivekanand Singh on September 15. The court specifically directed Meta Platforms (Facebook), Google India (YouTube), and X (Twitter) India to halt the circulation of the video content.
“To avoid further damages, if any, respondents 6-8 are hereby directed not to circulate the subject video clipping from here afterwards until further orders to be passed by this Court,” the Bench ordered, referencing the social media platforms as respondents in the case.
The impugned video, posted by the Bihar Congress on September 10 and marked as ‘AI-generated’, depicted Modi dreaming about his deceased mother, who appeared to criticise him over his politics in poll-bound Bihar.
The PIL described this content as containing “statements alleged to be defamatory and personally directed against the Hon’ble Prime Minister of India.” The petition, filed through advocate Praveen Kumar, sought a direction “to forthwith remove and block the impugned video from all platforms” and “to declare that the impugned video constitutes a corrupt practice under Section 123(4) of the Representation of People Act, 1951.”
The PIL also highlighted the timing of the video’s release, noting that it coincided with “the sacred period of Pitra Paksha, when the Hon’ble Prime Minister was engaged in personal ceremonies for his late mother,” which the petitioner argued “aggravates the impact of the alleged defamatory content.”
It also described the video as constituting “malicious propaganda” that could “vitiate free and fair elections, which are part of the basic structure of the Constitution,” given its circulation during an election period.
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The court’s decision relied on established Supreme Court precedents, recognising privacy and dignity as fundamental rights under the Constitution.
It also issued notices to several respondents mentioned in the PIL, including the Union Government, the Bihar Government, the Bihar Pradesh Congress Committee, the Election Commission of India, and Congress leader Rahul Gandhi, requiring them to file their responses within the stipulated timeframe.
Advocate Ratnesh Kushwaha, representing the Union of India through the Ministry of Electronics and Information Technology, welcomed the court’s decision. “The honourable bench of Acting Chief Justice P B Bajanthri, hearing on the PIL filed on the AI video, ordered that Congress should stop the live stream of that video until further orders and gave Congress two weeks to file their response,” Singh said.
“We welcome this decision. In public space, making such AI videos or comments about the mother of any such dignitaries and political leaders is not acceptable,” he said.
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The video had been uploaded days after a person used abusive language towards the PM and his mother during a Congress rally in Darbhanga. It had been criticised by the BJP and NDA allies, which accused the Congress of resorting to “shameful” tactics to target Modi ahead of the polls scheduled later this year.
Congress had argued that no disrespect was shown towards Modi or his late mother.
