Author: J. Jerom Stuward, Government Law College, Salem
To the Point
Deepfake technology uses artificial intelligence to manipulate audio, video, and images in ways that make them appear convincingly real. While it has some creative applications, in India, deepfakes are increasingly being used for harmful purposes such as political misinformation, defamation, and sexual harassment. The rapid spread of such content on social media has raised alarming legal and ethical questions. However, the Indian legal framework lacks specific provisions to address this growing menace. This article explores the legal gaps and suggests the need for clear laws and regulatory tools to combat the misuse of deepfake technology in the Indian context.
Abstract
Deepfake technology, powered by artificial intelligence, enables the creation of highly realistic but entirely fabricated audio-visual content. While it offers potential in entertainment and innovation, its misuse has raised serious concerns in India, including violations of privacy, cyberbullying, political manipulation, and sexual exploitation. The absence of specific legal provisions in Indian law leaves victims vulnerable and perpetrators difficult to prosecute. This article critically examines the challenges posed by deepfakes, analyzes relevant legal responses under existing laws, and emphasizes the urgent need for targeted legislation and stronger digital content regulation to ensure accountability and protect individual rights.
Use of Legal Jargon
Deepfake technology challenges traditional legal concepts, particularly in the domains of identity, consent, and digital harm. Indian cyber law, primarily governed by the Information Technology Act, 2000, does not explicitly recognize or define “deepfakes.” Legal terms such as impersonation, defamation, obscenity, and cyberstalking become relevant when deepfakes are used to harass or humiliate individuals. However, the absence of a statutory definition limits enforcement. The principle of mens rea (criminal intent) is difficult to establish in cases where deepfakes are anonymously created or widely shared. Further, the concept of electronic evidence under the Indian Evidence Act, 1872, plays a critical role in prosecuting such offenses, but proving authenticity remains a hurdle. As deepfake content continues to evolve in complexity, legal doctrines must expand to address issues like non-consensual digital fabrication, reputation damage, and AI-assisted crime, demanding a comprehensive regulatory and judicial response.
The Proof
In India, there is currently no specific law that addresses deepfake technology or its misuse. The Information Technology Act, 2000, remains the primary statute for cyber offenses, but it does not explicitly mention synthetic media or AI-generated content. Sections 66C and 66E can be invoked in cases involving identity theft and violation of privacy, while Section 67 addresses the publication of obscene content in electronic form. However, these provisions are insufficient to tackle the complex nature of deepfakes, especially when they involve political manipulation, revenge porn, or impersonation. The Indian Penal Code, 1860, also offers limited recourse through sections related to defamation (Section 499) and criminal intimidation (Section 503), but again, they are not tailored for AI-driven offenses. Without a comprehensive legal framework, enforcement agencies face difficulty in tracing creators, proving intent, or preserving evidence. The growing use of deepfakes in elections, social movements, and personal vendettas makes it clear that India needs a focused, tech-aware law to regulate this digital threat.
Case Laws
Shreya Singhal v. Union of India,
This landmark case struck down Section 66A of the IT Act, 2000, for being vague and violative of Article 19(1)(a). It emphasized the importance of protecting free speech while setting boundaries on digital expression. In the context of deepfakes, the case underscores the need for precise legislation that balances expression with accountability, particularly when synthetic media is used for harassment or misinformation.
State of Kerala v. Muraleedharan,
In this case, the Supreme Court held that using doctored materials to defame or mislead others is a punishable offense. Though the case involved traditional media, the legal principles apply to deepfakes, which rely on altered content to deceive and harm.
Bennet Coleman & Co. v. Union of India,
This case established that freedom of the press and individual rights must be preserved against government overreach. It provides a foundation for discussions on how the misuse of deepfakes may violate rights to reputation and dignity, necessitating reasonable restrictions under Article 19(2).
Conclusion
Deepfake technology represents a double-edged sword in the digital age. While it offers innovative possibilities in cinema, education, and digital marketing, its misuse in the Indian context is rapidly becoming a serious threat to privacy, reputation, and public trust. The alarming rise of fake videos used for blackmail, political propaganda, and cyberbullying exposes the legal vacuum in India’s regulatory framework. Although certain provisions of the IT Act and Indian Penal Code can be extended to cover deepfake-related offenses, they are fragmented and outdated, lacking the specificity required to tackle AI-generated content effectively.
The challenge lies not just in detection but in legal recognition, attribution of liability, and timely prosecution. With the speed at which deepfakes can spread online, reactive approaches are inadequate. India urgently needs a dedicated legal framework that defines deepfake offenses, ensures speedy removal of such content, penalizes offenders, and strengthens digital literacy among citizens. Drawing inspiration from global practices like the EU’s Digital Services Act or the U.S. DEEPFAKES Accountability Act, India must strike a balance between technological innovation and legal safeguards. A proactive, rights-based legal response is the only way to prevent deepfakes from eroding individual dignity and public trust in digital communication.
FAQS
1. What is deepfake technology?
Deepfake technology uses artificial intelligence, particularly deep learning, to create highly realistic but fake videos, images, or audio clips that mimic real people’s appearances or voices.
2. Why are deepfakes legally concerning in India?
Deepfakes are increasingly used for harmful purposes like character assassination, political misinformation, and cyber exploitation. Indian laws do not yet specifically recognize or regulate such AI-generated content.
3. Which Indian laws currently address deepfake misuse?
Sections of the IT Act, 2000 (such as 66C, 66E, and 67) and IPC provisions on defamation, obscenity, and criminal intimidation are applied in some cases, but they are not tailored for deepfakes.
4. Can victims of deepfakes file complaints?
Yes. Victims can lodge complaints under cybercrime portals or with police cyber cells. However, proving authorship and intent remains challenging without deepfake-specific laws.
5. How do deepfakes affect elections and democracy?
Deepfakes can be weaponized to spread false information, manipulate voter opinion, and discredit candidates, thereby undermining the integrity of the electoral process.
6. What is the way forward for India?
India needs a comprehensive legal framework that defines deepfakes, sets penalties, ensures content removal, and promotes AI transparency and accountability.
References
BIBLIOGRAPHY
Information Technology Act, 2000, Government of India.
Indian Penal Code, 1860, Bare Act.
Duggal, Pavan. Cyberlaw: The Indian Perspective. Universal Law Publishing, 2022.
Sharma, Vakul. Information Technology Law and Practice. Universal Law Publishing, 2021.
Solove, Daniel J. The Digital Person: Technology and Privacy in the Information Age. NYU Press, 2004.
JOURNALS / ARTICLES
Roy, S. (2023). “Deepfakes and the Indian Legal System: An Urgent Call for Reform,” NLU Delhi Law Journal, Vol. 11(2).
Mehta, R. (2022). “Regulating Deepfakes: Balancing Innovation and Ethics,” Indian Journal of Law and Technology, Vol. 18.
Jha, P. (2021). “Digital Fabrication and the Right to Privacy,” Law and Policy Review, Vol. 9(1).
WEBLIOGRAPHY
PRS Legislative Research. “Overview of the IT Act and Digital Harassment Laws.” https://prsindia.org
The Hindu. “Deepfakes and the Legal Void in India.” https://www.thehindu.com
Ministry of Electronics and IT (MeitY) – Cybercrime Reporting Portal. https://cybercrime.gov.in
Observer Research Foundation (ORF). “AI and the Deepfake Dilemma: Time for Regulation in India.” https://www.orfonline.org
European Commission. “Tackling Deepfake Content in the EU.”
https://digital-strategy.ec.europa.eu
