Author : Pratyusha Satpathy, a student at REVA University
To the Point
Imagine a video where your favourite actor says something shocking, but it’s not really them it’s a deepfake. These are AI-made videos, photos, or audio that look super real but are totally fake. In India, deepfakes are causing chaos, spreading lies during elections or using someone’s face for shady ads. They can ruin reputations or steal someone’s right to control their own image. Courts are trying to fix this with laws for things like slander, privacy, or internet crimes, but those laws are old-school and not made for AI. Recent cases with celebrities show judges are getting tough, but we need a new law just for deepfakes to stop the misinformation and protect people’s rights.
Use of Legal Jargon
Deepfakes tangle with a few legal ideas. Defamation is when a fake video spreads lies that destroys someone’s good name, covered by Sections 499 and 500 of the Indian Penal Code. Personality rights mean you control how your face or voice is used, especially if you’re famous. Privacy rights, backed by the Constitution and the Information Technology (IT) Act, 2000, protect you from someone using your image without permission. If a deepfake pretends to be you for a scam, it’s identity theft or forgery. Copyright comes into the picture if the fake uses protected stuff, like a star’s photo.
The Proof
Deepfakes are blowing up in India, especially with everyone online. A 2024 study by a local tech group said fake videos of politicians flooded the internet during the 2024 elections, confusing voters left and right. The Delhi High Court called deepfakes a “huge headache” and asked the government to step up. Right now, laws like the IT Act, 2000 (Sections 66C, 66D, 66E) and IPC rules are what we’ve got, but they’re not built for this AI problems. The Digital Personal Data Protection Act, 2023, helps with private info but doesn’t touch public data, which deepfakes love to grab. Court cases with big names are pushing back, but it’s hard when the bad guys hide online or the videos go global.
Abstract
This article digs into India’s battle with deepfakes, AI fakes that spread lies and mess with people’s image rights. It checks out how courts use old laws for defamation, privacy, and cybercrimes in real cases, but shows why those aren’t cutting it. It argues for a new deepfake law to keep people safe and stop misinformation from wrecking trust.
Case Laws
Anil Kapoor v. Simply Life India & Others [CS (Comm) 652/2023, Delhi High Court]
In 2023, Bollywood’s Anil Kapoor wasn’t happy when websites used deepfakes of his face and “Jhakaas” catchphrase for sleazy ads and videos he didn’t sign off on. The Delhi High Court said this broke his personality rights and told them to stop. This case was a big deal, showing deepfakes can fool people and hurt celebs’ reputations.
Jaikishan Kakubhai Saraf Alias Jackie Shroff v. The Peppy Store & Others [CS (Comm) 389/2024, Delhi High Court]
In 2024, actor Jackie Shroff sued because deepfakes used his “Bhidu” vibe and face in ads without his say-so. The Delhi High Court backed his personality rights and ordered the fakes gone. They also thought about free speech, like if someone made a funny parody, which shows these cases aren’t simple.
Rajat Sharma v. Union of India & Others [2024, Delhi High Court]
Journalist Rajat Sharma went to court in 2024 after a deepfake video made it look like he was pushing fake medicines. The Delhi High Court told platforms to delete it and stopped eight people from using his image. They said deepfakes mess with elections and trust, and told the government to make AI rules.
Rashmika Mandanna Deepfake Case [2023, Delhi Police FIR]
In 2023, a creepy deepfake video swapped actor Rashmika Mandanna’s face onto someone else’s body. The Delhi Police filed a case using IPC Sections 465 (forgery) and 469 (reputation damage) and IT Act Sections 66C (identity theft) and 66E (privacy). They nabbed the guy, who was chasing clout online. It showed cyber laws can work, but we’re still waiting for a court ruling.
Amitabh Bachchan v. Rajat Negi [CS (Comm) 819/2022, Delhi High Court]
In 2022, Amitabh Bachchan took on deepfake ads that used his voice and face without permission. The Delhi High Court shut them down, saying they violated his personality rights under the IT Act and Copyright Act. This case pushed for tougher laws on fake media.
Conclusion
Deepfakes are stirring up trouble in India, and cases with Anil Kapoor, Jackie Shroff, Rajat Sharma, Rashmika Mandanna, and Amitabh Bachchan prove it. Courts are fighting back with laws on slander, privacy, and internet crimes, protecting personality rights and pulling down fake content. But these laws are like using a bicycle in a car race, as they’re not made to tackle the modern world AI problems. The Rajat Sharma case begged for new rules, and the Rashmika Mandanna case showed cops can act, but there’s still a big gap. Public information isn’t safe, and sneaky creators are tough to catch. The government’s 2024 call to delete deepfakes is okay, but platforms need to do better. India needs a deepfake law to pin down who’s to blame, either its the makers or platforms and protect people’s rights without killing free speech. Technology to spot fakes and teaching people to spot them can help, too. Courts are trying, but a new law is the only way to catch up with the advancements in AI.
FAQs
- What’s a deepfake, anyway?
It’s a fake video, photo, or audio cooked up by AI that looks real but shows stuff that never happened. - What Indian laws handle deepfakes?
IPC Sections 499, 500 (defamation), 465, 469 (forgery), IT Act Sections 66C, 66D, 66E (identity theft, privacy), and some Copyright Act bits. - Can stars sue over deepfakes?
Yup, using personality rights, like Anil Kapoor, Jackie Shroff, and Amitabh Bachchan did in court.
