PIL before Gujarat High Court flags AI deepfakes targeting constitutional authorities

The Gujarat High Court recently issued notice to the Central and Gujarat governments on a public interest litigation(PIL) petition raising concerns over the growing misuse of AI-generated deepfakes and fake online content, particularly those targeting constitutional authorities [Vikas Vijay Nair versus State of Gujarat].

A Bench of Chief Justice Sunita Agarwal and Justice DN Ray asked the Central and State governments and the Gujarat Director General of Police (DGP) to place their responses on record.

The Court made it clear that it would decide on issuing notice to intermediary platforms Meta, Google, X, Reddit and Scribd after considering the governments’ replies.

"The responses of the respondent Nos. 1 to 4 are to be filed by the next date fixed..The question of issuance of notice to the respondent Nos. 5 to9 would be considered after the responses of the respondent Nos. 1 to 4 are received," the Court ordered.

The petition was filed by Vikas Vijay Nair through advocate Amit Panchal, highlighting the alarming rise in fake and AI-generated videos and photographs being circulated on video-sharing websites, social media platforms and messaging applications.

According to the plea, under the Information Technology Act, 2000 (IT Act), intermediaries are required to remove unlawful content within 36 hours of receiving a court order or government direction.

Further, the amendments made to the Act in 2025 and 2026 specifically address deepfakes by defining AI-generated content.

However, despite this detailed regulatory framework, practical procedural gaps continue to persist, it was contended.

According to the petitioner, there is limited real time support available to police when deepfakes go viral, and weak coordination between State authorities and platform level enforcement mechanisms.

Hence, there should be to the authorities to frame rules under Section 69(2) of the IT Act, 2000, for effectively using its powers to intercept, monitor and take action against harmful online content, it was submitted.

The matter will now be taken up on March 20.

Advocate General Kamal Trivedi assisted by Government Pleader GH Virk and Assistant Government Pleader Vinay Vishen, appeared for the respondents

Advocate Ankit Shah appeared for Respondent Nos. 3 and 4.

[Read Order]