Mumbai: The Bombay High Court on Wednesday, August 5, said the posts uploaded on social media and online websites against Union minister Nitin Gadkari are completely “vile, abusive, obscene and defamatory” and ordered immediate takedown of all such content linking the minister to the E20 fuel controversy.
A single bench of Justice Arif Doctor granted interim relief to Gadkari and directed Meta, X Corp and Google LLC to ensure forthwith that the posts are taken down.
“These posts, on the face of it, are abusive, vile and obscene,” the court said.
Such posts should not have a place online where they can be accessed by everyone, especially the younger generation, it added.
Platforms must take down such posts voluntarily, says HC
The bench also questioned online platforms like Meta, X Corp and Google LLC if they had any mechanism to take down such posts without the person having to approach court.
The platforms ought to take down such posts voluntarily, the high court said.
“With all this technology at your disposal, don’t you have some mechanism where there should be triggers? If someone uploads something vulgar or abusive, it should immediately be picked up and deleted. This is absolutely vile. Someone is just spewing venom,” Justice Doctor said.
The court said that if in future any such similar posts, including deepfakes or artificial intelligence (AI)-generated material, are uploaded, then the minister can approach the online platforms, which shall then act upon the same.
“In future, there has to be some mechanism wherein online platforms take down the material without the person having to move court,” Justice Doctor said.
The bench posted the matter for further hearing after four weeks, by when the respondents shall file their affidavits in reply to the minister’s plea.
Gadkari last week, on July 27, filed a suit against Meta, X Corp, Google LLC and unknown persons for “defamatory” deepfakes and AI-generated posts uploaded against him over the ethanol policy.
Gadkari claims no role in ethanol blending policy decision-making
The Union Minister for Road Transport and Highways, in the plea filed through his advocate Sandeep Ladda, said that the 2003 government had introduced the Ethanol Blending Programme (EBP) as a national policy initiative, aimed at blending ethanol with petrol in a phased manner.
The minister stated that the ethanol-blending programme and E20 policy implemented by the present government are administered by the Ministry of Petroleum and Natural Gas, not him personally.
The ministry has since issued several official notifications, press releases, and statements to clarify the concerns regarding the implementation of E20 petrol.
Despite having no role in the E20 policy decision-making process, the minister claimed that unknown users have circulated defamatory and deepfake content, portraying him as personally connected to and responsible for its implementation. The users are creating multiple abusive and scandalous allegations against him, the plea said.
Gadkari said there were at least 24 such posts against him linking him to the E20 controversy, urging the court to remove them.
Users falsely claiming family benefits from EBP implementation: Gadkari’s plea
The minister added in the plea that the “defamatory content” falsely, maliciously and without any basis alleges that he and members of his family have derived undue financial benefits from the implementation of the EBP, insinuating corruption, nepotism, conflict of interest, abuse of official position, and misuse of governmental authority.
While the plea clarified that no attempt was being made to stifle fair public debate or bona fide comments, it claimed that reckless and defamatory allegations had crossed the line of lawful speech.
Rs 11 crore sought in damages
This has caused irreparable harm to Gadkari’s reputation and personality rights, the plea alleged. The allegations made in the online posts are “false, malicious and grossly defamatory without an iota of doubt,” the suit stated, adding that it is designed to create a misleading public perception against Gadkari.
The minister sought an immediate takedown of all fake and fabricated content and a permanent injunction against the circulation of posts that allegedly tarnished his reputation.
He had also sought Rs 11 crore in damages for the defamatory content.
