Author: Kashish Jahan, Netaji Subhas University
So nowadays, we are seeing many videos online that look very real, but they are not. It’s not acting, it’s not editing—it’s something called deepfake. It uses artificial intelligence (AI) to create fake videos or audios of someone doing or saying things they never actually did. It can be fun sometimes, like mimicking celebrities, but mostly it’s turning into a threat.
People are using deepfakes for crimes. It can damage someone’s reputation, ruin someone’s career, even affect elections or cheat someone emotionally or financially. The worst part is—India doesn’t have proper laws to deal with this. So, we need to think seriously: How can we handle deepfakes legally? That’s what this article is about.
Use of Legal Jargon
Let’s break down some legal terms used here:
Cybercrime – Any crime done using the internet or computer.
Defamation – Saying or showing something false about someone that harms their image.
Mens rea – Legal term for “guilty mind” or bad intention behind a crime.
Consent – Permission given by someone. If not taken, then it can be illegal.
Right to privacy – A person’s right to keep their personal things safe and not shared without permission.
Data protection – Keeping digital information safe from being leaked or misused.
The Proof
Let me give you some real examples:
1. In 2023, a deepfake video of Rashmika Mandanna, a famous South Indian actress, went viral. It showed her in an embarrassing video that was 100% fake. But many people believed it for real. She was mentally disturbed and scared because her privacy was violated badly.
2. During elections, deepfakes are used to create fake speeches of politicians. For example, in Delhi elections, a deepfake of Manoj Tiwari (BJP leader) was shared where he was speaking in different languages to influence voters. This is scary because it can affect democracy.
3. In relationships, some people are using deepfakes for revenge porn or blackmail. Girls especially are being targeted where their faces are edited into vulgar videos. And when they go to police, sometimes there is confusion on how to handle such cases.
These examples are enough to prove that deepfakes are not just small pranks. They can destroy lives.
Abstract
This article talks about the rising problem of deepfake technology in India. It explains how the misuse of this tech is becoming dangerous, and how Indian law is not ready to deal with it. It highlights some real-life cases, explains legal gaps, and suggests that we need a strong law to stop deepfake misuse. It’s written in a simple way so that even a beginner in law can understand the issue.
Case Laws
India doesn’t have many cases directly about deepfakes, but some judgments help us understand the legal angle:
1. K.S. Puttaswamy v. Union of India (2017)
Facts: A retired judge challenged Aadhaar, saying it violates privacy.
Issue: Is privacy a fundamental right under the Constitution?
Judgment: Supreme Court said Yes. Right to privacy is part of Article 21.
Link to deepfakes: When someone makes a fake video using your face, it is an attack on your privacy.
2. Shreya Singhal v. Union of India (2015)
Facts: Section 66A of IT Act was misused to arrest people for social media posts.
Issue: Does Section 66A violate freedom of speech?
Judgment: Supreme Court struck it down. It was too broad and vague.
Link to deepfakes: We need smart cyber laws that balance speech and misuse like deepfakes.
3. Bennett Coleman & Co. v. Union of India (1972)
Facts: Newspaper companies challenged restrictions on news printing.
Judgment: Supreme Court protected freedom of press.
Relevance: Shows importance of real, verified information. Deepfakes are opposite—they spread lies.
Extra Info: Laws We Have (But They Are Not Enough)
Right now, India has some laws that we try to use for deepfake cases, like:
Section 66E of IT Act – For privacy violation.
Section 67 – For publishing obscene content.
IPC Section 499 & 500 – For defamation.
Section 354D IPC – For cyberstalking.
But the problem is: None of these laws directly talk about deepfakes. So police and courts have to match the crime into existing sections, which becomes confusing and sometimes victims don’t get justice.
Also, there is no law in India about AI regulation or deepfake-specific punishment. That’s a big gap.
International Comparison
Other countries have started taking steps:
USA: Some states like California and Texas made laws to punish people who use deepfakes in elections or to harm others.
China: Has a rule that if someone posts a deepfake, they must clearly label it.
UK: Deepfake-related harassment is covered under the Online Safety Bill.
India can learn from these countries. We don’t need to copy them, but we can take ideas.
What Can Be Done (Solutions)
Here are a few suggestions:
1. Make a new law just for deepfakes, with clear punishments.
2. Use AI to fight AI – Government should use tools to detect deepfakes online.
3. Spread awareness – People must know that deepfakes exist and they can be dangerous.
4. Social media rules – Platforms like Instagram, Twitter must act fast to remove fake content.
5. Protect victims – Provide legal and mental health support to those targeted by deepfakes.
Conclusion
Deepfakes are not just funny filters or editing. They are becoming a real legal and social danger. In India, we have laws for cybercrime, defamation, etc., but nothing properly written for deepfakes. This is the time to wake up and make proper rules. Otherwise, technology will keep growing and law will stay behind.
As a law student, I believe the law should change with time. Deepfake is one of those tech problems that needs serious legal action. We have to protect people’s privacy and dignity. Let’s hope lawmakers don’t take too long.
