AUTHOR NAME :YASHI SINGH
COLLEGE: ARYA KANYA DEGREE COLLEGE, UNIVERSITY OF ALLAHABAD
TO THE POINT
In today’s rapidly advancing digital world, deepfake technology stands out as both a remarkable advancement and a serious concern.. With its power to manipulate images, videos, and voices, it challenges our legal systems, questions individual privacy, and redefines cybercrime. This article explores the intersection of deepfakes and cybercrime, focusing on how existing laws are insufficient to address the gravity of this evolving menace in India.
ABSTRACT
Deepfakes are artificially generated media created using AI, which can falsely depict individuals performing actions or speaking words they never actually did. While such technology can be creatively used in film, satire, or education, it is increasingly being misused to commit cybercrimes including identity theft, financial fraud, and revenge porn.
The spread of deepfakes threatens individual reputation, societal trust, and even national security. With mobile apps and editing tools becoming more user-friendly and accessible, even amateurs can now create deepfake content. As technological tools become more widely accessible, the necessity for strong regulatory mechanism becomes increasingly critical.
Victims, particularly women and public figures, often find themselves helpless as their doctored videos or voice clips go viral before any intervention is possible. This not only affects the victim’s personal and social life but also opens up questions on ethical journalism, digital consent, and platform liability.
In India, there is currently no standalone legal provision dealing specifically with deepfakes, which creates a major challenge for law enforcement agencies and victims seeking justice. This article aims to explore the legal vacuum, analyze relevant case laws, and highlight the urgent need for legislation and policy reform in the digital age.
USE OF LEGAL JARGON
Mens Rea
Mens rea refers to the mental state or intention behind committing a wrongful act. In the context of deepfake misuse, establishing mens rea is important to prove that the person deliberately intended to deceive or cause harm. For deepfakes, proving the creator’s malicious intent is often key in determining liability.
-Actus reus – The actual act of producing or distributing a deepfake video or audio.
– Defamation
Defamation involves harming an individual’s reputation by spreading false information. Deepfakes can be used as a tool for defamation in two forms: libel, when the false content is in written or recorded form, and slander, when it is conveyed through spoken words.
– Doxxing – A cybercrime involving the public release of private information, often used with deepfakes to intensify harassment.
– Injuria sine damno – Violation of a legal right without actual harm; still actionable, especially in privacy invasion cases.
– Bonafide use – Deepfakes made for lawful purposes such as satire or film may be excused if they carry disclaimers and have no intent to harm.
– Digital consent – Consent to use one’s image, voice, or identity in digital content — increasingly relevant in the context of manipulated content.
– Right to be forgotten – The right to have one’s digital footprints erased. It is especially critical for victims of deepfakes who suffer long-term reputational harm.
THE PROOF
Deepfake videos and audios use Generative Adversarial Networks (GANs), where one AI model creates fake content and another evaluates its realism. Together, they produce disturbingly convincing synthetic media. The result? A person can appear to say or do something they never did, with seamless voice and facial mimicry.
Most concerning is that a significant portion of deepfake content online is pornographic and targets women. This technology enables the creation of non-consensual explicit content—effectively turning anyone into a victim without them ever stepping in front of a camera.
A real-world case involved a college student whose fake explicit video went viral, leading to psychological trauma, public shaming, and temporary withdrawal from academics. Even when she approached authorities, the absence of specific laws delayed the action. This incident represents a broader pattern of gendered cybercrime, where women disproportionately suffer the impact of deepfake misuse.
Financial Fraud and Impersonation
Another key category of harm associated with deepfakes is financial fraud and identity theft. These manipulated media tools can be misused to deceive individuals or institutions for monetary gain or to impersonate someone for malicious purposes. There have been cases where scammers used AI-generated voice clones to trick employees into transferring money, believing the voice belonged to their boss. Deepfakes are also being used in political misinformation campaigns, where fake videos of leaders influence public opinion during elections.
Social media platforms are often the first place where deepfakes go viral. Yet, most platforms still lack strong AI detection tools or clear takedown mechanisms. This delay can lead to irreversible damage to one’s reputation or mental health. Efforts to educate the public and promote responsible AI usage are still at a very early stage of development.
CASE LAW
1. Justice K.S. Puttaswamy v. Union of India (2017)
This pivotal decision acknowledged that the Right to Privacy is an essential part of the rights guaranteed by Article 21 of the Constitution. Deepfakes violate this right by fabricating situations a person never consented to. This case becomes the backbone for future data protection laws and is foundational in any litigation against deepfake creators.
2. Avnish Bajaj v. State (2008)
This case dealt with the distribution of obscene content through digital platforms. The judiciary emphasized that digital platform operators must exercise proper caution and oversight over the content shared through their services. Although not directly about deepfakes, this case provides a legal framework for intermediary liability which is critical in today’s platform-driven content sharing.
3. Shreya Singhal v. Union of India (2015)
While this case struck down vague cyber provisions that curtailed free speech, it left room for regulation of harmful and malicious content, such as deepfakes, that incite harm or public disorder.
4. Khushboo v. Kanniammal (2010)
Though the judgment supported freedom of opinion, it emphasized the importance of public perception and the potential for reputational damage — both crucial in judging whether a deepfake is harmful or protected speech.
CONCLUSION
Deepfake technology, while revolutionary, poses a significant threat to individual dignity, digital safety, and democratic integrity. Its misuse in cybercrimes is escalating rapidly, and the absence of specific legislation is deeply problematics. Those most affected—particularly women and public personalities—frequently find themselves with limited or unclear legal remedies
The damage inflicted by deepfakes goes beyond legal metrics. It often affects victims emotionally, professionally, and socially. While takedowns can remove content, they cannot undo public memory or trauma. The psychological impact, especially on young individuals and women, is often undereestimated.
Deepfake technology is often exploited to breach personal privacy, circulate false information, and cause serious harm such as financial damage, mental trauma, and public humiliation.The lack of direct accountability for creators and distributors further empowers criminals. Moreover, delays in takedown procedures and the permanence of online content make the damage often irreversible.
India must lead the way in regulating this misuse by introducing a specific law on deepfakes that balances innovation with responsibility. Proactive monitoring by platforms, faster grievance redressal, legal awareness among users, and victim support services are urgently needed. The sooner the law catches up with the tech, the safer our digital future will be.
FAQS
Q1. What is a deepfake?
A deepfake is a digitally altered video, image, or audio clip created using artificial intelligence (AI) to make someone appear to say or do something they never did.
Q2. How do deepfakes relate to cybercrime?
Deepfakes are used in cybercrimes such as identity theft, financial fraud, revenge porn, online impersonation, and political misinformation. They exploit digital trust and violate privacy.
Q3. Are deepfakes illegal in India?
At present, Indian law does not specifically address the issue of deepfakes as a distinct offence.However, creators may be prosecuted under provisions related to defamation, obscenity, impersonation, and violation of privacy under IPC and IT Act.
Q4. What steps should a victim take?
Victims should report the content to the Cyber Crime Cell, file a police complaint, and ask platforms to take down the media.Preserving screenshots, web links (URLs), and witness statements is vital, as they serve as key forms of supporting evidence.
Q5. Are social media platforms responsible for removing deepfakes?
Yes,Online platforms must take accountability and respond effectively to complaints raised by users.. However, intermediary laws limit their liability unless they fail to remove content after being notified.
Q6. Can deepfake creators be punished?
If intent to harm can be proven, creators may be prosecuted under laws related to defamation, cyberstalking, and violation of privacy. However, without specific laws, enforcement is often weak.
Q7. Is parody or satire using deepfakes allowed?
Yes, if done in good faith and without intent to harm, deepfakes may be protected under freedom of speech. But content that is deceptive, obscene, or defamatory may still be punishable.
