Author: Kartik Madhu, Presidency University
TO THE POINT
A deepfake refers to any image, audio, or video that has been digitally manipulated in a highly realistic manner to falsely depict a person as saying or doing something they never actually said or did. There are already many scandals surrounding deepfakes in our country. Deepfakes are being used for all manner of crimes, such as financial fraud, identity theft, and political extortion. The scale at which deepfakes are being used to commit fraud and other related crimes has grossly gone out of hand, with even organizations like the RBI being pulled into the fold with deepfake videos of their management. The problem with deepfakes is that currently there are no effective technological measures to detect deepfakes, and even if such measures are employed, by the time a video is identified as a deepfake, it has already been spread around the public on a large scale, and it becomes difficult to control the damage caused as a result. The absence of a legal framework in India with regard to deepfakes only worsens the situation. This article aims to look into the lapses in whether Indian laws provide adequate protection from the damage caused by deepfakes to Indian citizens.
THE PROOF
There are already many high-profile cases involving deepfakes. In 2023 the Delhi Commission for Women conducted an investigation on a case where they found that deepfakes were being used to circulate pornographic images and videos of women without their consent. In Kerala, deepfakes were being used to create videos of influencers promoting illegal gambling apps without the knowledge of the investors involved. Petitions were filed in the Delhi High Court for the non-regulation of deepfakes and lack of any legal frameworks thereof; as a result, the Union Ministry of Electronics and Information Technology acknowledged the problem and constituted a committee to investigate the issue of deepfakes and produce a report comprising the problems and solutions.
It is clear from the above incidents and many more that there is great risk to our society’s law and order posed by deepfakes and synthetic media and that the lack of regulatory framework regarding the same is a serious issue that needs to be resolved by the government.
ABSTRACT
The exponential growth of deepfake technology, enabled by advances in artificial intelligence, has posed unprecedented challenges to legal systems across the world. In the Indian context, the absence of a targeted regulatory framework addressing the misuse of synthetic media has created a dangerous vacuum. Deepfakes have already been used in a number of disturbing cases, including non-consensual pornography, political misinformation, identity fraud, and online scams—some of which have even drawn the attention of regulatory institutions such as the Reserve Bank of India.
This article critically examines the current legal response to deepfakes in India, highlighting the limitations of existing provisions under the Information Technology Act, 2000, and the Indian Penal Code. It also explores the broader constitutional and ethical implications of deepfakes, especially considering the right to privacy, the right to dignity, and freedom of speech. Further, the article references comparative legal developments in other jurisdictions and argues for the urgent need for a dedicated legal framework that not only defines synthetic media but also provides robust safeguards, takedown mechanisms, and punitive measures for deepfake-related offenses.
ETHICAL CONCERNS
The first concern when it comes to the usage of deepfakes is its violation of the right to privacy. The K.S. Puttuswamy case [(2017) 10 SCC 1], where the Supreme Court held that the right to privacy is an essential and intrinsic part of Article 21, includes the right to control over personal information and the right to protection from surveillance, both physical and digital. Deepfakes are being used without the consent of the people involved, causing a clear violation of their right to privacy. Additionally, creating and distributing pornographic content of women without their consent is without a doubt damaging to their dignity and violative of their right to dignity enshrined in Article 21.
There is also the concern about the spread of misinformation. Recently there was a scandal where RBI’s top management had to debunk a video claiming that RBI was supporting an investment scheme, which was created by scammers using deepfake technology. This is just one of the many scandals regarding the usage of deepfakes to spread misinformation. In the political field, both in India and abroad, there have been many cases of using deepfake technology to sabotage political figures and spread misinformation. The internet and news sphere have become very chaotic due to this scenario, with a constant need to fact-check every piece of information. Even then, sometimes reputable news outlets also end up being misled by deepfake technology and spreading misinformation.
REGULATORY GAPS AND CHALLENGES IN INDIA
While countries like the United Kingdom, the United States, and the European Union are already coming up with countermeasures or have already enacted laws like the Deepfakes Accountability Act (U.S.) or the U.K. Online Safety Bill to combat the spread and misuse of deepfakes. The regulatory framework in India leaves much to be desired.
There is no central or state legislation focusing on or directly addressing the issue of deepfakes. The existing cases are prosecuted under Section 66C (identity theft), Section 66E (violation of privacy), and Section 67 (publishing or transmitting obscene material) of the Information Technology Act, 2000, along with other acts and provisions dealing with offenses regarding indecent representation of women under IPC. However, these provisions are not adequately equipped to deal with deepfakes specifically.
There is also the issue of copyright violations. Deepfakes create content that is similar or identical to human-generated content by learning from original content available to the learning model of the program. This creates the probability of copyright violation, as a creator’s copyrighted content or a person’s likeness may be used without their permission.
While the Ministry of Electronics and Information Technology has constituted a committee to study the issues related to deepfake and synthetic media. We need central legislation that focuses on defining deepfakes and synthetic media as well as providing adequate protocols for dealing with crimes committed using deepfakes. The police also need to be made aware of deepfakes and the harm they can pose to society.
THE WAY FORWARD
There is a need to categorize the crimes that can be committed using deepfakes to impose criminal punishment on defaulters on the basis of the severity of the crime. The IPC and IT acts need to be amended to include synthetic media crimes, along with proper definitions of terms such as “deepfake.” Naturally, proper protocols and procedures need to be developed to create takedown mechanisms for synthetic media crimes, as well as there is a need to empower a government enforcement agency with the power and authority required to implement these protocols.
CASE LAWS
K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors. (2017) 10 SCC 1
RELEVANCE: The Supreme Court in this case decided that the right to privacy is an intrinsic component of the right to life and dignity enshrined in article 21 of the Constitution of India.
2. TV Today Network Ltd. vs. Google LLC & Ors.
RELEVANCE: In this case, the defendants were found guilty of using deepfake technology to impersonate the plaintiff. The court laid down the precedent by also extending part of the liability to the third party responsible for hosting deepfake content
3. Chaitanya Rohilla vs. Union of India
RELEVANCE: A petition was filed by the petitioner before the Delhi High Court to take action on the spread of misinformation and other crimes using deepfakes. In response to this, the Ministry of Electronics and Information Technology constituted a committee to investigate the issue and come up with countermeasures.
CONCLUSION
The legal and moral vacuum surrounding deepfakes in India cannot be ignored any longer. With the increasing ease and accessibility of AI tools, malicious actors are able to manipulate reality at scale, leaving victims with little recourse. As the misuse of synthetic media becomes more widespread, the failure to address it systematically risks undermining the credibility of democratic institutions, the dignity of individuals, and the overall integrity of public discourse.
While India has made a start by constituting expert committees and invoking general legal provisions, this approach remains largely reactive and piecemeal. It is imperative that Parliament enact legislation that defines deepfakes, criminalizes their malicious use, and creates a legal ecosystem equipped to handle the complex intersection of AI and fundamental rights. Alongside legal reforms and institutional capacity-building, particularly law enforcement awareness campaigns must also be prioritized.
Until such reforms are introduced, India’s legal response to synthetic media will remain fragile and inadequate, placing the burden of harm squarely on the victims while the perpetrators operate in a largely unregulated digital sphere.
FAQs
1. Is it illegal to create or share deepfake videos in India?
Currently, there is no specific law in India that criminalizes the creation or distribution of deepfakes. However, depending on the content, actions may be prosecuted under provisions of the Information Technology Act, 2000 (e.g., Sections 66C, 66E, 67) or the Indian Penal Code (e.g., defamation, impersonation, obscenity).
2. What legal remedies are available to a person targeted by a deepfake?
Victims may file complaints with the cybercrime cell or police under relevant sections of the IPC or IT Act. Civil remedies may also be sought under defamation and privacy laws. However, due to the absence of a specific deepfake law, such remedies are often inadequate or delayed.
3. Has the Indian government taken any steps to address deepfakes?
Yes. The Ministry of Electronics and Information Technology (MeitY) has constituted a committee to study deepfakes and synthetic media and recommend legal and technical safeguards. However, no formal legislation has yet been introduced.
4. Can platforms like YouTube or Instagram be held liable for hosting deepfakes?
Under Section 79 of the IT Act, intermediaries enjoy limited liability but are expected to take down unlawful content once notified. Courts have increasingly been willing to examine intermediary responsibility in hosting manipulated content, especially when it causes public harm.
5. What kind of legal reforms are needed to combat deepfakes?
India needs comprehensive legislation that defines deepfakes and synthetic media, categorizes offenses based on severity, prescribes clear penalties, and mandates platform accountability. It should also include fast-track complaint resolution and takedown procedures, especially for non-consensual and harmful content.
