Author: Yashika Mittal, Ramaiah College of Law
ABSTRACT
Deepfake technology is rapidly transforming the digital landscape. What started as a novel use of artificial intelligence to manipulate images and videos for entertainment is now a tool capable of spreading misinformation, damaging reputations, and even disrupting democratic systems. This article explores the rise of deepfakes, their legal implications in India, the current gaps in the law, and the global efforts to contain their misuse. It highlights the need for clear regulation and legal accountability to prevent irreversible harm caused by synthetic media.
Keywords: Deepfakes, Artificial Intelligence, Cyber Law, Privacy, Indian Penal Code, IT Act, Evidence, Regulation
INTRODUCTION
The digital world is no stranger to manipulation, but deepfakes have taken it to a new level. Using machine learning and artificial intelligence, it is now possible to create audio and video content that shows people saying or doing things they never did. These videos look so real that even trained professionals struggle to tell the difference. In many cases, the public believes what they see sometimes without questioning its authenticity.
At first, deepfakes were mostly shared for amusement. Faces of celebrities were placed into movie scenes or video clips, drawing laughs more than concern. But as the technology advanced, its misuse grew. Deepfakes are now being used to create fake political speeches, spread propaganda, and harass individuals, especially women, by placing their faces in pornographic videos without consent. As these synthetic videos become more convincing, the dangers they pose are no longer theoretical. They affect real people, real reputations, and real legal outcomes.
UNDERSTANDING DEEPFAKES AND THEIR IMPACT
Deepfakes are created using a technique called deep learning, where AI models are trained to imitate voices, facial movements, and expressions. With just a few minutes of video and audio, these tools can generate content that appears real. Once a deepfake is shared online, it spreads fast. Before anyone can verify its authenticity, the damage is done.
The most harmful aspect of deepfakes lies in their potential to destroy reputations. In many cases, fake videos are circulated to humiliate, defame, or blackmail individuals. Public figures, journalists, and women are often the targets. Victims of deepfake pornography face emotional trauma and social stigma. These videos can never be completely erased from the internet. The impact is long-lasting.
Deepfakes are also being used to interfere in politics. Fake videos of politicians giving inflammatory speeches or endorsing false narratives can influence elections and shape public opinion. Once trust in public figures is broken through manipulated media, it’s hard to repair. In a courtroom, the consequences can be even more serious. Courts often rely on video or audio recordings as evidence. Deepfakes challenge the authenticity of such materials, raising questions about how much weight can be placed on digital evidence.
LEGAL POSITION IN INDIA
India does not yet have a specific law to regulate deepfakes. However, some existing laws can be applied to punish deepfake-related offenses. The Information Technology Act, 2000 is one such law. Section 66E punishes the capturing, publishing, or transmitting of images of private areas without consent. If a deepfake video invades someone’s privacy in this manner, it can be prosecuted under this section. Sections 67 and 67A also deal with the publication of obscene or sexually explicit content in electronic form.
Under the Indian Penal Code, Section 499 defines defamation and Section 500 provides punishment for it. If a deepfake harms someone’s reputation, these sections may be used. Section 509 punishes words or gestures intended to insult a woman’s modesty. In the case of fake pornographic videos, this section is relevant. Sections 468 and 469 relate to forgery for the purpose of cheating or harming reputation and may be extended to deepfakes.
While these provisions offer some protection, they are not designed to deal with the complex nature of synthetic content. The law does not clearly define deepfakes, nor does it recognize the use of AI-generated content as a separate offense. Victims often face long delays in getting justice, while creators of deepfakes remain anonymous or beyond the reach of Indian law enforcement.
GLOBAL RESPONSE TO DEEPFAKES
Several countries have started to recognize the threat of deepfakes and are introducing laws to tackle the issue. In the United States, individual states like California and Texas have passed laws banning the use of deepfakes during elections and in cases of non-consensual pornography. A proposed federal law, the DEEPFAKES Accountability Act, seeks to require all AI-generated content to be marked as synthetic and traceable.
In the European Union, the proposed AI Act aims to regulate high-risk AI systems, including those used to create deepfakes. The EU already enforces strict privacy protections under the GDPR, which can be applied when someone’s personal likeness is used without consent. Online platforms in the EU are also required to take down harmful or misleading content quickly under the Digital Services Act.
China has taken a more aggressive approach. It now requires all deepfake content to carry clear labels and prohibits the creation or distribution of fake content that misleads the public or threatens national security. Deepfake creators and hosting platforms can face heavy penalties.
These efforts show that the world is waking up to the dangers of deepfakes, but there is no uniform standard yet. Many countries are still trying to figure out how to regulate AI-generated content without restricting free speech or innovation.
ENFORCEMENT CHALLENGES
Even with some legal remedies in place, enforcing laws against deepfakes remains difficult. One of the biggest hurdles is detection. Many deepfakes are so realistic that they pass as genuine even under scrutiny. Identifying and proving that a video is fake requires advanced tools and expertise, which are not widely available to Indian police or judicial officers.
The creators of deepfakes often operate anonymously, using VPNs or fake accounts. Tracking them down requires coordination with internet service providers and social media platforms, many of which are based outside India. This slows down investigations and often leads to dead ends.
There’s also a lack of awareness among victims and law enforcement. Many people don’t know that deepfakes can be challenged legally. Those who do report such crimes often find that police are unsure how to register the complaint or what sections of the law to apply.
Even when a case is registered, the delay in investigation, lack of digital evidence, and jurisdictional issues often lead to cases being dropped or dismissed. This creates a gap between law and justice.
NOTABLE CASES
Rana Ayyub Case
Investigative journalist Rana Ayyub was targeted through a deepfake pornographic video that went viral on social media. She filed a complaint with the Cyber Crime Cell, but the legal battle highlighted how slow and ineffective the process can be in such cases.
Belgium Political Deepfake
A deepfake of Belgian Prime Minister Charles Michel falsely showed him supporting climate change protests. The video went viral, stirring political controversy before it was debunked.
Maharashtra TikTok Deepfake Case
In 2020, a TikTok user created a deepfake using the face of a local actress without consent. Though the video was taken down, no legal action was possible due to lack of specific provisions.
Such cases underline how deepfakes are not just a legal problem, but a societal one. They affect trust, truth, and the integrity of public discourse.
THE NEED FOR A STRONGER LEGAL FRAMEWORK
India needs a clear, well-defined law to address the creation and misuse of deepfakes. This law should criminalize the production and distribution of deepfake content without consent, especially when it causes harm or spreads false information. It should also establish clear guidelines for platforms to detect and take down harmful content.
The law should empower victims to report deepfake crimes easily and ensure that police are trained to handle such complaints. There should be a system to verify digital evidence in courts and protect individuals from wrongful prosecution due to manipulated media.
India can take inspiration from global models but must also craft a solution that suits its unique digital environment. Public awareness campaigns are needed so that people know how to identify and report deepfakes. Schools and colleges should include digital literacy in their curriculum. Social media platforms must be required to use deepfake detection tools and cooperate with law enforcement when needed.
CONCLUSION
Deepfakes represent one of the most serious digital threats of our time. They can damage reputations, spread lies, influence elections, and challenge the credibility of evidence. While the technology behind deepfakes is evolving rapidly, the law has not kept pace. India’s current legal provisions offer only partial solutions.
A targeted law that defines and punishes the misuse of synthetic media is the need of the hour. This law should protect privacy, ensure justice, and preserve the integrity of public discourse. Without strong legal safeguards, deepfakes could undermine not just individuals, but the very foundations of truth in society.
FAQS
Q1. Is making a deepfake illegal in India?
There is no specific law criminalizing deepfakes in India, but if a deepfake involves obscenity, defamation, or impersonation, it can be prosecuted under existing provisions of the IT Act and IPC.
Q2. Can I sue someone for using my face in a deepfake video?
Yes, you may file a case for defamation, privacy violation, or harassment, depending on the nature of the video.
Q3. Are deepfakes allowed if made for fun or parody?
If done with consent and not intended to harm anyone’s reputation or privacy, such deepfakes may be considered fair use. But caution is advised parody can easily cross into defamation.
Q4. Can deepfake videos be used as evidence in court?
They can be submitted, but courts are likely to examine their authenticity using digital forensic tools. Due to manipulation risks, they may not be considered strong evidence.
Q5. What should I do if I find a deepfake of myself online?
Report it immediately to the Cyber Crime Cell or file a complaint through the National Cyber Crime Reporting Portal (cybercrime.gov.in). You can also approach the platform hosting the content for takedown.
