Author: Yashika Pandya, Shri Vaishnav Vidyapeeth Vishwavidyalaya, Indore (M.P.)
To the Point
AI empowers malicious actors to execute digitally advanced illicit acts, such as creation of deepfakes, impersonation and other innovative scams. Deepfakes are the hyper-realistic fabricated images, videos or audios, weaponized for scamming people financially, damaging their reputation, undermining evidentiary value of digital content and jeopardize individuals’ privacy rights. This escalating crisis calls for immediate attention of legislature to enact comprehensive laws to regulate deepfakes and other AI driven scams.
Use of Legal Jargon
There is no statutory provision specifically provided for deepfakes and other AI driven fraudulent activities but certain sections under Information Technology Act, 2008 and Indian Penal Code, 1860 addresses the offence:
“Section 66C, IT Act”: Deals with identity theft which can be relevant if a deepfake is used to impersonate someone.
“Section 66D, IT Act”: Deals with cheating by personation, potential offence when deepfakes are used to defraud and deceive others.
“Section 66E, IT Act”: Deals with violation of privacy, maybe implicated in deepfake cases where an individual’s image is used without their consent.
“Section 499 and 500, IPC”: deals with defamation and punishment for defamation, can be enforced in case a person’s reputation is damaged through deepfake.
“Mens Rea & Actus Reus”: Key elements for establishing liability for deepfakes under criminal law.
“Article 32 or Article 226, Constitution of India”: Individuals can invoke write jurisdiction under these articles before appropriate court in case their fundamental rights got infringed due to deepfakes.
The Proof
Deepfakes have become a serious threat and is posing significant challenges, as there is no specific legislation dealing with the offence of deepfakes. The prevalence of such content in India is on rise, as reflected in recent statistical data and real-life instances of individuals falling victim to deepfake related fraud and impersonation.
“McAfee’s Festive Shopping Survey found 74% of Indians believe cybercriminals are more prevalent during the festive season, making the period especially risky and stressful for online shoppers, especially as AI-driven digital scams become increasingly common.
84% of Indians are more concerned about deepfakes now than they were a year ago.
39% of Indians say they encounter the most fake messages via email, followed by 31% through text and 30% on social media.
When asked about the types of scam messages they’ve received:
30% mentioned messages about purchases they didn’t make.
37% reported fake missed delivery or delivery problem notifications.
24% saw security alerts from popular e-commerce platforms or notifications regarding account updates.
43% received messages about urgent issues with their credit card or banking account.”
In July 2022, Kerela recorded its first incident of deepfake wherein, a 73-year-old individual named Radhakrishnan was deceived through sophisticated deepfake scam, leading to loss of Rs.40,000. The malicious actor got the information of Radhakrishnan and his friend, Venu Kumar through social media.
Another instance of deepfake scam is Hong Kong CFO deepfake scam, where a video conference call was infiltrated by deepfakes impersonating Chief Financial Officer (CFO) and several other staff members, misleading the employee into executing 15 separate transactions amounting to HK $200 Million dollars which were transferred into five different bank accounts in Hong Kong.
In 2024, a video of Prime Minister Narendra Modi was going viral in which he was seen endorsing an investment scheme which would give daily profit of up to Rs.1.25 lakh on an investment of Rs. 21,000. Press Information Bureau investigated the matter and clarified that “The video was altered using AI technology.”
Abstract
With Artificial Intelligence (AI) gaining prominence, it has become a new sensation which while offers transformative benefits but has also becomes a potent tool for cyber criminals. Cyber criminals leveraging AI, impersonates and conduct illicit acts online to deceive people financially or harm their reputation. The resultant harm from deepfake is not just financial or reputational but it also raises question on the admissibility of digital evidence, as well as complicate liability attribution and endangers privacy of individuals. This article explores regulatory framework regarding deepfakes and other AI driven scams and investigates Indian as well as global cases surrounding deepfakes. The article concludes by proposing regulatory safeguards to ensure legal accountability and ethical AI deployment.
Case Laws
“Swami Ramdev v. Facebook, Google and YouTube (2019)”
The case concerned Swami Ramdev, a renowned yoga guru, who filed a petition against Facebook, Google and YouTube seeking removal of defamatory videos and posts about him shared by a third party on their platforms, not only in India but globally. The Delhi High Court adjudicated in favour of Swami Ramdev and ordered for the removal of posts and videos not only in India but globally. They also held that under Section 79 of IT Act,2000 it is the duty of intermediaries to regulate the content shared by third party on their platforms, particularly after receiving a specific takedown request.
“Karti Chidambaram v. Union of India (2020) SCC OnLine Mad 605
In this case, Karti Chidambaram, son of former Union Finance Minister, P. Chidambaram, initiated a petition in Madras High Court, seeking the removal of fabricated and misleading videos circulated on social media, portraying him engaged in unethical and illegal activities. He contended such digitally manipulated content was maliciously intended at harming his reputation, engender political bias and influence public’s perception. He demanded that social media platforms take down those videos immediately. The Madras High Court subsequently ruled in favour of Karti Chidambaram, stating that morphed and deepfake videos falls under the offence of defamation and cybercrimes if they misrepresent a person. They unequivocally affirmed that right to free speech does not protect spreading of misinformation meant to harm a person’s reputation.”
“K.S. Puttaswamy v. Union of India (2018) 255 DLT 1
In a pivotal ruling, Supreme Court unequivocally established that “Right to Privacy” is also a fundamental right in Article 21 of Indian Constitution which guarantees “Right to Personal Life and Liberty”. In relevance to deepfakes, this ruling is crucial as it provides a basis for informational and bodily privacy which often gets violated when an individual’s voice, image or video is manipulated and circulated without their consent. A deepfake that impersonates an individual in a degrading or compromising way is violative of individual’s autonomy and thus violative of their privacy.”
Conclusion
Deepfakes poses a serious legal and ethical challenge, though rooted in technological advancement they are now tool for deception, financial fraud and political influence. It is a threat which can target literally anybody, irrespective of their social standing, reputation, or financial status. Now is the high time that government enacts specific legal framework to deal with deepfakes and other AI driven scams. Legal systems must move forward and embrace AI traceability, digital watermarking mandates and platform accountability.
FAQs
What is a deepfake?
Deepfake is a hyper realistic impersonation of any person in the form of videos, images or audios with the intention of deceiving people financially, harming their reputation or violating their privacy by circulating compromising content without their consent.
How can deepfakes be detected legally?
Deepfakes can be detected through forensic tools, metadata analysis, blockchain time stamps and judicial guidelines for chain of custody.
Is using deepfake illegal in India?
Not inherently, but if used for fraud, impersonation and defamation then Section 66C/D/E of IT Act or relevant IPC may apply.
Are platforms like Meta or YouTube liable for hosting deepfakes?
Under Section 79 of IT Act, intermediary liability may protect them unless they knowingly host unlawful content.
