Author: Amarja Sandeep Narwadkar
College: Bharati Vidhyapeeth New Law College, Pune
LinkedIn Profile: https://www.linkedin.com/in/amarja-narwadkar-676a90426?utm_source=share_via&utm_content=profile&utm_medium=member_ios
Artificial Intelligence has become a part of everyday life. It helps people study, work, communicate and create content. At the same time, the growth of AI has also created new legal concerns. One of the most serious among them is the misuse of deepfake technology.
Deepfakes can create videos, images or audio recordings that look and sound real but are actually manipulated or artificially generated. A person’s face or voice can be used without their knowledge, making it appear as if they said or did something that never happened. Such technology can be used for entertainment, but it can also lead to identity theft, fraud, misinformation, damage to reputation and non-consensual intimate content.
India does not currently have a separate law dealing only with deepfakes. However, existing laws relating to privacy, identity theft, cheating, obscene content and personality rights may apply in different situations. This article discusses the idea of consent in the digital world, the present legal position in India and important judicial decisions that may help address the misuse of deepfake technology. It also considers whether the existing legal framework is sufficient to deal with a technology that is developing much faster than the law.
A few years ago, seeing a video was enough for most people to believe that something had actually happened. Today, that is no longer always true.
With the help of Artificial Intelligence, it is possible to create a video in which a person appears to say something they never said. A person’s face can be placed on someone else’s body, and their voice can be copied with surprising accuracy. The final result can look so real that it becomes difficult for an ordinary person to identify it as fake.
This is known as a deepfake.
The word deepfake comes from “deep learning” and “fake”. It refers to digital content created or manipulated using Artificial Intelligence in such a way that it appears genuine. Deepfake technology has many possible uses. It can be used in films, advertisements and creative projects. However, the same technology can also be misused.
The misuse of deepfakes can cause serious problems. Someone’s face may be used to create an obscene video. A person’s voice may be copied to cheat their family members. Fake videos may be created to damage someone’s reputation or spread false information.
The problem becomes even more serious because the person whose identity is being used may have never given permission.
A photograph available on social media does not mean that everyone has the right to use it in any manner they want. A person may agree to upload a photograph, but they may never agree to have that photograph altered through AI.
This brings us to an important issue: consent.
In the digital world, access to someone’s face or voice should not automatically mean permission to create a new version of that person.
Deepfakes, Artificial Intelligence, Consent, Privacy, Digital Identity, Personality Rights, Cybercrime, Information Technology Act, Article 21.
Before discussing the law relating to deepfakes, it is useful to understand a few basic legal terms.
Consent means giving permission voluntarily for a particular act. In the case of deepfakes, a person may give consent to be photographed or recorded, but that does not necessarily mean they have agreed to the use of their face or voice for creating AI-generated content.
The right to privacy protects an individual’s personal life and personal choices from unnecessary interference. The Supreme Court recognised privacy as a fundamental right under Article 21 of the Constitution in the Justice K.S. Puttaswamy case.
Deepfakes can affect privacy when a person’s image, voice or identity is used without their permission.
Personality rights are connected with the protection of a person’s identity. These may include a person’s name, image, voice and likeness.
These rights have become particularly important because technology now makes it easier to copy and misuse someone’s identity.
Identity theft generally refers to the dishonest use of another person’s identity or identifying information. Deepfake technology can make identity theft more convincing by creating fake videos or cloned voices.
Defamation takes place when false information harms the reputation of a person. A fake video showing someone doing or saying something inappropriate can seriously affect their personal and professional reputation.
At present, India does not have one specific law called a “Deepfake Law.” However, this does not mean that there are no legal remedies available.
Different laws may apply depending on how the deepfake has been created and used.
Article 21 of the Constitution of India guarantees the right to life and personal liberty.
In the landmark case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court recognised the right to privacy as a fundamental right.
This judgment is important in the context of deepfakes. A person’s privacy is not limited to their home or personal documents. In today’s digital world, a person’s face, voice and online identity can also be closely connected to their privacy and dignity.
When someone creates a false video using another person’s identity, the victim may lose control over how they are presented to society. This can affect both their privacy and dignity.
Information Technology Act, 2000
The Information Technology Act, 2000 contains certain provisions that may be relevant when deepfake technology is used to cause harm.
Section 66C deals with identity theft. It may become relevant when technology is used to dishonestly misuse another person’s identity.
Section 66D deals with cheating by personation using computer resources. This can be important in cases where AI-generated voices or videos are used to deceive people.
For example, a criminal may clone a person’s voice and contact their family member asking for money. The victim may believe that they are speaking to a real person.
Section 66E deals with certain violations of privacy involving the publication or transmission of private images.
Sections 67 and 67A deal with obscene and sexually explicit content in electronic form. These provisions can be relevant when deepfake technology is used to create or circulate non-consensual sexually explicit material.
The Government of India has also recognised that different provisions under the IT Act can apply depending upon the nature of deepfake-related misuse.
Personality rights are another important part of the legal discussion surrounding deepfakes.
Indian courts have recognised that a person’s name, image, voice and likeness cannot always be used freely by others. Such unauthorised use can affect a person’s privacy, dignity and commercial interests.
Although personality rights are often discussed in cases involving celebrities, the issue should not be limited to famous people.
An ordinary person can also suffer harm when their face or voice is misused. A student’s photograph can be manipulated. An employee’s voice can be cloned. A person’s identity can be used to create false or offensive content.
Therefore, the need to protect identity should not depend only on whether a person is famous.
The biggest concern about deepfakes is that they can create real harm through false content.
For example, if a person’s photograph is used to create an obscene AI-generated image, the content may be completely fake. However, the embarrassment, harassment and damage to reputation faced by the person are real.
Similarly, a cloned voice can be used for financial fraud. A family member may hear the voice of someone they trust and believe that the person is genuinely asking for help.
This makes deepfakes different from many traditional forms of online misinformation. Deepfakes do not simply spread false information. They can create a false version of a real person.
India’s existing laws can provide remedies, but the legal framework is scattered across different areas of law.
A victim may have to look at laws relating to privacy, cybercrime, obscenity, fraud, defamation or personality rights. This can make the legal process confusing, especially for an ordinary person who does not have immediate access to legal assistance.
Another major problem is the speed at which content spreads online.
A deepfake can be shared thousands of times within a few hours. Even if the original video is removed, copies may already exist on other websites or social media platforms.
Therefore, punishment alone is not enough.
Victims need quick remedies. They need a system where harmful content can be reported, investigated and removed as soon as possible.
Consent is also extremely important.
Many people share photographs and videos online every day. However, this does not mean that they have given unrestricted permission for their identity to be used by others.
A photograph may be posted for personal reasons, but that does not mean that someone can use it to create an advertisement, a fake video or sexually explicit content.
In simple words, being available online does not mean being available for misuse.
India needs to develop a clearer approach towards harmful AI-generated content. This does not necessarily mean banning Artificial Intelligence. AI has many positive uses and can contribute significantly to society.
The aim should be to prevent misuse without stopping innovation.
A stronger legal framework could focus on quicker removal of harmful deepfakes, better responsibility for online platforms and stronger protection for victims.
Justice K.S. Puttaswamy (Retd.) v. Union of India
This is one of the most important cases relating to privacy in India.
The Supreme Court recognised the right to privacy as a fundamental right under Article 21 of the Constitution.
Although the case was not specifically about deepfakes, its principles are relevant today. Deepfake technology can affect a person’s control over their identity and personal life.
The judgment also connects privacy with individual dignity and autonomy. These principles can help in understanding why the unauthorised use of a person’s face or voice through AI should be treated seriously.
Anil Kapoor v. Simply Life India & Ors.
This case is particularly relevant to the discussion of personality rights and Artificial Intelligence.
Actor Anil Kapoor approached the Delhi High Court to protect his name, image, voice, likeness and other elements connected with his personality from unauthorised use.
The Court granted protection against the misuse of these attributes. The case is important because the misuse of personality attributes through modern technologies, including AI and deepfakes, was also considered.
The decision shows that technology cannot be used as an excuse to misuse someone’s identity.
Artificial Intelligence is changing the world rapidly. Deepfake technology is one example of how powerful technology can create both opportunities and risks.
The ability to create realistic videos and cloned voices can be useful in certain fields. However, when the same technology is used without consent, it can affect privacy, dignity, reputation and personal security.
India already has legal provisions that can be used against different forms of deepfake misuse. The Constitution protects privacy, the Information Technology Act addresses several cyber-related offences, and courts have increasingly recognised the importance of personality rights.
However, the present legal framework is not entirely simple or specific.
Deepfake victims may need to rely on several different laws. They may also face difficulties because harmful content spreads much faster than legal proceedings.
The law must therefore focus not only on punishing offenders but also on providing quick and effective protection to victims.
The most important principle should remain consent.
A person may choose to share their photograph or voice online, but they should not lose control over their identity because of that decision.
As Artificial Intelligence becomes more advanced, the law will have to answer new questions about privacy and digital identity.
Deepfakes remind us that in the modern world, protecting a person’s identity means protecting more than their physical self.
It also means protecting the person they are represented as online.
A deepfake is an image, video or audio recording created or manipulated using Artificial Intelligence to make false content appear real.
2. Are deepfakes illegal in India?
India does not have one separate law dealing with all deepfakes. However, depending on their use, existing laws relating to identity theft, cheating, privacy and obscene content may apply.
3. Can someone use my photograph to create a deepfake?
Using a person’s image without permission may raise legal issues, particularly when it violates privacy, damages reputation or misuses their identity.
4. What laws may apply to deepfake misuse?
Depending on the situation, provisions under the Information Technology Act, 2000, along with other applicable laws, may provide remedies.
