Author: Srishti Sinha, a student at School of Law, University of Mumbai, Thane sub-campus
To the Point
Deepfakes are not just a new technological trend, they are a serious threat to truth, trust, and dignity in the digital age. These are audio, video, or image-based media manipulated using artificial intelligence (AI) to make it appear as though someone did or said something they never actually did. To an average person scrolling through their phone or watching the news, a deepfake can look completely real. This is where the danger begins. In India, deepfakes have already been used in disturbing ways, such as spreading fake news and speeches of political leaders before elections, showing celebrities in obscene content, or morphing women’s faces into pornographic videos. These acts can ruin lives, damage reputations, spark hate or violence, and deeply affect mental health of the victims involved. What makes this worse is that our current laws are not fully prepared to handle this growing issue. The Right to Free Speech and Expression as mentioned in Article 19(1)(a) is finite. Under Article 19(2), the State can put reasonable restrictions on this right for the sake of public order, morality, decency, and the security of the state. However, when it comes to deepfakes, there is no direct law that says what is legal and what is not. Victims often have to rely on general laws like the Information Technology Act, 2000, for cybercrimes, or sections of the Indian Penal Code related to defamation or obscenity, but these laws were written long before AI-generated fake content became a threat, and they don’t fully cover the complexity of the problem. For instance, if someone’s face is used in a fake video without their consent, it’s not always easy to prove who did it, how it was done, or even how to stop it from spreading. This leaves victims helpless while fake content continues to go viral. In a country like India, where social media usage is huge and digital literacy is still growing, the impact of deepfakes can be even more serious. At the same time, regulating deepfakes is not as simple as banning everything, because that would affect genuine creativity, satire, and political expression. The real challenge lies in finding the right balance, protecting freedom of speech without allowing it to become a shield for harmful or deceptive content. Here lies the spot where India is currently encountering a judicially void. We urgently need new, clear, and technology-aware laws that define what counts as a punishable deepfake, how victims can get help, and how platforms and authorities must respond. Until then, we remain in a confusing space where harmful deepfakes spread easily, victims get no real justice, and the basic rights of individuals, like privacy, dignity and safety, are completely forgotten. As deepfakes become more advanced and widespread, India can no longer afford to ignore this issue. The law must evolve before the damage becomes too deep to undo.
Abstract
In today’s digital world, deepfakes, highly realistic fake videos, audios, or images created using artificial intelligence, have become a serious and growing problem. These manipulations can easily fool people, showing someone doing or saying something they never actually did. In India, deepfakes have been used to spread political misinformation, harass women, and harm public figures, all while hiding behind the idea of freedom of speech. While Article 19(1)(a) of the Indian Constitution gives every citizen the right to free speech, it also comes with limits under Article 19(2), especially when it comes to protecting public order, decency, and individual dignity. However, India currently has no specific law that clearly addresses deepfakes. Victims are often left confused, relying on older laws like the Information Technology Act or the Indian Penal Code, which were not designed to deal with this kind of AI-powered abuse. This paper explores the dangerous rise of deepfakes, how they test the limits of free speech, and how the absence of targeted laws in India creates a legal vacuum that leaves individuals unprotected. It highlights the urgent need for a clear, modern legal framework that balances the right to expression with the right to privacy, safety, and truth in the digital age. By examining constitutional provisions, real-life misuse cases, and legal gaps, the research aims to show why India must act fast before deepfakes become a permanent threat to democracy, dignity, and trust.
Use of Legal Jargon
When it comes to legal discussions around deepfakes in India, a lot of big and confusing words are often thrown around, like “reasonable restrictions”, “privacy violation”, and “intermediary liability”. These legal terms may sound technical, but they have very real effects on people’s lives. For example, Article 19(1)(a) of the Indian Constitution gives people the right to freedom of speech and expression. But this freedom is not limitless, it is subject to “reasonable restrictions” under Article 19(2), a term that means the government can limit speech if it affects things like public order, decency, morality, or national security. In the case of deepfakes, this becomes tricky because the fake content can look like free speech but cause serious harm. When a woman’s face is morphed onto an obscene video without her consent, it’s not just a personal attack, but it could be called a violation of her “right to privacy”. Another legal term often used is “defamation”, which means harming someone’s reputation by spreading false information. Deepfakes do exactly that, but proving who made or shared the content is difficult, especially when it goes viral quickly. Under the Information Technology Act, 2000, there are sections like 66E (violation of privacy), 67 (publishing obscene material), and 69A (blocking harmful content), but these were not designed with deepfakes in mind. Then comes “intermediary liability”, which refers to whether platforms like Facebook, Instagram, or Youtube are responsible for the harmful content uploaded by users. Section 79 of the IT Act protects intermediaries if they follow certain rules, but in practice, victims often find that these platforms are slow to respond. All of these legal phrases, while important, can feel cold and disconnected from the real emotional and psychological trauma that victims go through. That’s why it’s so important to translate this legal jargon into real-world understanding and push for laws that don’t just sound strong on paper but actually work to protect people on the ground. Deepfakes are not just a test of legal definitions, they’re a test of how much our legal system values human dignity, safety, and truth in the digital era.
The Proof
The threat posed by deepfakes is no longer theoretical, it’s real, visible, and already harming people in India. Several incidents over the last few years clearly show how deepfakes are being used to mislead, humiliate, and manipulate, often with no quick or effective legal remedy available for the victims. For instance, in 2020, a fake video of Delhi Chief Minister Arvind Kejriwal was circulated where his speech was edited using deepfake technology to show him appealing to voters in different languages. Though this was allegedly done for political campaigning purposes, it raised huge concerns about the ethics and legality of using AI to manipulate leader’s message. In another case, a morphed video of a well-known female journalist was circulated online with obscene content, completely violating her dignity and right to privacy. She struggled to get the video taken down and faced severe mental trauma due to the public harassment. These are not isolated events. In fact, a2023 report by the Cyber Peace Foundation revealed that deepfake incidents targeting Indian women has increased significantly, especially on platforms like Instagram and WhatsApp. The most disturbing part is that once such a video or image goes viral, it becomes nearly impossible to control its spread or fully restore the victim’s dignity. There is also evidence that deepfakes are being used to influence public opinion before elections or to spread fake news in communal situations, both of which can threaten democracy and social harmony. Despite this, there has been no major legal reform to deal with deepfakes in a focused and efficient way. Police officers are often unsure which sections to apply, and courts don’t have many precedents to rely on. These real-life examples are the strongest proof that India urgently needs a law specifically made to deal with deepfakes, because the damage they cause is deep, personal, and sometimes irreversible.
Case Laws
Justice K.S. Puttaswamy v. Union of India (2017)
The Supreme Court said that the right to privacy is a fundamental right under Article 21. This means no one can use your face, body, or personal data without your consent, making this case very important for fighting deepfakes.
Shreya Singhal v. Union of India (2015)
The Court struck down Section 66A of the IT Act, saying free speech is important, but reasonable restrictions like decency and public order still apply. This helps us understand how to regulate deepfakes without harming free speech.
Aveek Sarkar v. State of West Bengal (2014)
This case updated the test for what counts as obscene. The Court said we must look at the content’s purpose and modern values. Deepfakes made to shame or harass, especially sexually, can clearly be called obscene under this judgment.
Conclusion
Deepfakes are more than scary technology, they are a real threat to truth, safety, and human dignity in today’s digital world. While freedom of speech is a fundamental right in India, it cannot be used as a shield to harm others or spread fake, damaging content. The law must evolve to keep pace with technology. Right now, India lacks a clear and specific legal framework to deal with deepfakes, leaving victims confused and unprotected. Old laws like the IT Act and IPC were not designed for this kind of AI-powered abuse, and constitutional rights like privacy and dignity are often violated without consequences. There’s an urgent need to strike the right balance, protecting free speech while making sure it is not misused to hurt others through deepfakes. The courts have laid strong foundations through landmark judgments, but now it’s time for the legislature to act. India must introduce focused, modern laws that clearly define what deepfakes are, how they can be punished, and how victims can get quick help. Only then can we build a safer digital space that respects both freedom and fairness.
FAQS
What exactly is a deepfake?
A: A deepfake is a fake video, photo, or audio made using AI to make it look like someone did or said something they never actually did.
Are deepfakes legal in India?
A: Right now, there is no specific law in India about deepfakes, so they are not fully legal or illegal, but it depends on how they are used.
Can deepfakes be punished under existing laws?
A: Yes, but only in some cases. People use the IT Act or IPC for things like harassment, defamation, or obscenity, but these laws are not made especially for deepfakes.
Do deepfakes violate free speech?
A: Not always. Some deepfakes may be jokes or art. But when they harm someone’s privacy, dignity, or spread lies, they cross the line and are not protected as free speech.
What can victims of deepfakes do in India?
A: Victims can file a police complaint under cybercrime laws and request the fake content to be removed, but legal action is often slow and unclear because of the lack of a deepfake-specific law.
