Deepfakes and the Law in India: Addressing Misinformation, Defamation, and Identity Theft
Introduction
The rise of deepfake technology has presented serious legal and ethical challenges worldwide, including in India. Deepfakes—AI-generated synthetic media that manipulate audio, video, or images to create deceptive content—have been used to spread misinformation, commit identity fraud, and damage reputations. With the increasing sophistication of artificial intelligence (AI), deepfakes are becoming more difficult to detect, raising concerns about their impact on democracy, security, and individual rights.
While deepfakes can be used for creative and harmless purposes, their potential for misuse outweighs their benefits. In India, where misinformation spreads rapidly due to the widespread use of social media, deepfakes have been used to manipulate political discourse, defame individuals, and perpetrate fraud. This article examines the legal framework in India regarding deepfakes and explores the legal remedies available to combat misinformation, defamation, and identity theft.
The Growing Threat of Deepfakes in India
India has witnessed several instances where deepfake technology was used for malicious purposes. Some examples include:
- Political Manipulation: Deepfakes have been used to create misleading speeches and videos of politicians to influence elections and public opinion.
- Defamation and Harassment: Celebrities and private individuals have been targeted with deepfake pornography and defamatory content.
- Financial Fraud: Fraudsters have used deepfake voices and videos to impersonate INDIVIDUALS and conduct financial scams.
- Cybersecurity Risks: Criminals use deepfake technology to bypass biometric security measures, posing significant threats to national security and digital transactions.
Legal Framework Governing Deepfakes in India
Currently, India lacks a specific law that directly addresses deepfake technology. However, various provisions under existing statutes, including the Information Technology Act, 2000 (IT Act), the Indian Penal Code, 1860 (IPC), and the Copyright Act, 1957, can be applied to deal with issues arising from deepfakes.
1. Misinformation and Fake News
Deepfake content is often used to spread false information, potentially leading to social unrest, election manipulation, or economic harm. The following legal provisions may apply:
- Section 66D of the IT Act, 2000: This provision penalizes cheating by impersonation using a computer resource, which can apply to deepfake videos that falsely represent someone.
- Section 69A of the IT Act, 2000: Grants the government power to block public access to any information in the interest of sovereignty, security, or public order.
- Sections 505 and 153 of the IPC: These sections criminalize statements that incite public mischief or promote enmity between different groups, which could be invoked against malicious deepfake content.
- Election Laws: The Representation of the People Act, 1951, prohibits false statements about candidates, which could be extended to deepfakes used in election campaigns.
2. Defamation and Damage to Reputation
Defamatory deepfake content—such as manipulated videos targeting political figures, celebrities, or private individuals—can severely impact reputations. Legal recourse is available under:
- Section 499 and 500 of the IPC: Criminal defamation laws in India penalize individuals who make false and damaging statements about others.
- Section 66A of the IT Act, 2000 (Repealed): While this controversial section was struck down by the Supreme Court in 2015, new legal instruments could be introduced to specifically address deepfake-based defamation.
- Civil Defamation (Tort Law): Victims of deepfake defamation can seek monetary damages under tort law by filing a civil suit.
Several high-profile defamation cases have highlighted the need for stronger legal protections against deepfake-based character assassination.
3. Identity Theft and Privacy Violations
Deepfake technology can be used for identity theft, where a person’s image or voice is manipulated without consent, often for fraud or harassment.
- Section 66C of the IT Act, 2000: Criminalizes identity theft and the use of electronic signatures, passwords, or other unique identification features fraudulently.
- Section 354A, 354C, and 354D of the IPC: Address sexual harassment, voyeurism, and stalking, which can be applied to cases where deepfake content is used to harass individuals, particularly women.
- Personal Data Protection Bill (Proposed): Once enacted, this bill could provide legal protections against the unauthorized use of biometric data in deepfake creation.
In recent years, there has been an alarming increase in deepfake pornography, which disproportionately targets women. The lack of stringent laws has made it difficult for victims to seek justice.
4. Intellectual Property and Copyright Violations
Deepfakes may involve unauthorized use of copyrighted material, including images, videos, and audio recordings.
- Copyright Act, 1957: Any deepfake that copies or modifies copyrighted material without permission can be subject to legal action under this act.
- Right to Publicity and Personality Rights: Although not explicitly codified, courts in India have upheld the right of individuals to control the commercial use of their image, voice, and likeness.
- Trademark Law: Trademark laws may offer protection if deepfake content misuses a brand’s identity.
Need for a Stronger Legal Framework
Despite the application of existing laws, India needs specific legislation to combat deepfakes effectively. Some key recommendations include:
- New Legal Provisions: Introducing clear legal definitions and penalties for deepfake creation and distribution.
- Stronger Digital Regulation: Enhancing laws that regulate social media platforms and AI-generated content. There should be controlled regulation so to prevent infringement of the fundamental rights of citizens and navigate carefully to circumvent around it.
- Awareness and Education: Encouraging digital literacy and fact-checking initiatives to help people identify and report deepfake content. Especially the youth, because of the prevalence of social media in their internet usage, shall be made aware of all the possible deep fake threats and how to deal with them carefully.
- Faster Law Enforcement Response: Establishing a specialized dedicated cybercrime unit to investigate and prosecute deepfake-related crimes efficiently.
- Collaboration with Tech Companies: Mandating social media platforms to implement AI-driven detection tools to flag and remove deepfake content.
Global Best Practices and India’s Approach
Countries like the United States and the European Union have taken proactive measures to regulate deepfake technology. The US has enacted laws criminalizing malicious deepfake use, while the EU’s Digital Services Act imposes stricter regulations on deepfake dissemination.
India can take inspiration from these legal frameworks to formulate a comprehensive deepfake law. Additionally, strengthening public-private collaboration and investing in AI-driven detection mechanisms will be crucial in combating deepfakes effectively.
Conclusion
Deepfake technology poses a serious challenge to misinformation control, personal privacy, and public trust. While existing Indian laws provide partial remedies, a comprehensive legal framework is required to address the evolving threats posed by deepfakes. As technology advances, India must strengthen its legal system to ensure accountability and protect individuals from the harmful consequences of deepfake manipulation.
By implementing stronger regulations, raising awareness, and fostering technological solutions, India can safeguard its digital landscape against the growing menace of deepfakes.
CONTRIBUTED BY: ARADHYA AKSHAT (INTERN)