Author: Sejal Suda, Bhartividyapeth New Law College
To the Point
Fake videos and audio made by computers are a big problem. They hurt people, our government, and the courts.
At first, people used this tech for fun or art. But now, it’s used to do bad things. This causes many problems:
People’s privacy is not safe. Bad people can watch them without their permission.
Fake news is easy to spread. People believe lies.
People are abused and hurt sexually. Fake videos are used to cause harm.
Politics are controlled by lies. Fake videos change elections.
People’s good names are ruined. False videos destroy their lives.
Laws around the world, even in India, need to change. There aren’t enough laws. This means victims are not helped. People who make these fake videos often go unpunished.
Abstract
Deepfakes are fake videos or photos made by computers. They look very real, and this is a big problem. Deepfakes can be used for good things, like movies. They can also help people with disabilities and aid in teaching. But, deepfakes are also used for bad things.
People make fake porn videos. They use deepfakes to spread lies about politicians, steal identities, and trick people out of their money.
This article talks about the legal issues deepfakes cause. We will see how our laws deal with deepfakes, or if they even do. We will also discuss possible new laws. We will cover important court cases and what other countries are doing. Then, we will suggest ways to improve our laws to better protect people online.
Use of Legal Jargon
“Mens rea” means you did something wrong on purpose, or you knew it was wrong. This is key for most crimes.
“Tortious liability” is when someone is legally responsible for hurting someone else. It’s not a crime; it’s a civil case.
“Res ipsa loquitur” is a legal idea. It says if an accident looks like someone was careless, it probably was.
“Prima facie” means something looks true right away. It seems true until someone shows it’s not.
It’s like this: It looks right at first, but we need more proof to know for sure.
“Defamation” is when someone says something false that hurts your reputation.
“Intellectual Property Rights” or IPR protect your ideas and inventions.
-Laws about pornography and things people find disgusting focus on sexual stuff that’s offensive. These laws try to stop people from sharing things many find upsetting or wrong. They aim to keep material most think is morally bad from spreading. In India, laws like these often apply:
Indian Penal Code Sections 292 and 293
The IT Act
The “Right to be Forgotten” is a new data privacy idea. It lets you remove your personal info online.
The Proof
What are Deepfakes?
Deepfakes are fake videos or audio recordings. Smart computer programs make them. These programs have two parts. One part creates the fake video or audio. The other part checks if it looks real. It’s like a contest. The fake-making part keeps getting better.
These fake videos and audios are improving. They can put real people in false situations. This includes:
Some videos show grown-ups in porn. These videos often show women.Fake videos show people in power saying things they never said. These fakes are made to trick people.Fake videos are sometimes used as evidence in court. This is very wrong.”, “Some videos trick people. They want your money or private information.
Real-World Examples
Fake videos caused big problems.
-In India, people shared fake porn videos of famous actresses online. Many people were very angry and scared.
-A fake video showed Ukraine’s president telling soldiers to give up during the war. This was upsetting.
-Someone slowed down a video of a U.S. politician. She looked drunk. It wasn’t a perfect fake video, but it tricked people.
Problems Caused by Deepfakes Deepfakes cause many problems:
-They invade people’s privacy. Fake videos show private things.
-They damage people’s reputations. People might lose jobs or their good names.
-They are dangerous for national security. They could start wars or create political problems.
-They can be used for cheating and pretending to be someone else. People may be tricked into giving money or personal information.
Case Laws
India’s highest court hasn’t said much about deepfakes. But, past court cases give us clues about what laws might apply.
K.S. Puttaswamy v. Union of India (2017)
This big case showed that privacy is a super important right. Deepfakes hurt this right. Fake porn and pretending to be someone else without their okay are big problems.
Shreya Singhal v. Union of India (2015)
The court stopped a law that limited free speech too much. But the court said some limits on free speech are okay. This is true for things like lies that hurt people, cause trouble, or break the law—things deepfakes can do.
Avnish Bajaj v. State (2008)
This case was about who’s responsible when a website shows bad stuff. These rules could also apply to sites that show deepfakes.
Faheema Shirin R.K. v. State of Kerala (2019)
This case said we have the right to use the internet for learning and for our privacy. It also said online safety is really important. Deepfakes make online safety harder.
Current Indian Laws
Indian Penal Code (IPC)
Section 500: If a deepfake hurts someone’s good name, it’s called defamation. Section 509: This part is about insulting women.
Sections 292 & 293: These rules are about bad stuff, especially fake porn.
Section 468/471: Making fake papers to trick someone. This can happen if someone uses fake videos or images to pretend to be someone else. They might try to steal that person’s identity.
Information Technology Act, 2000
Section 66E: This law punishes people for breaking someone’s privacy.
Section 67 & 67A: This is about punishing people for sharing bad or sexual things online. Section 69A: This lets the government block things online. This could be used to block deepfakes.
Intermediary Guidelines (2021): Websites must remove bad content fast and use computer tools to find it.
New Data and Digital Laws
The Digital Personal Data Protection Act (2023) has rules for data, but not enough about fake content.
The new Digital India Bill will replace the old IT Act. It will have better rules about harmful deepfakes.
Other Countries’ Rules United States
A new law wants deepfakes to be marked clearly.
California and Texas have laws against bad deepfakes, especially fake political ads and porn.
European Union
New laws in Europe control deepfakes too.
People can ask to have bad deepfakes taken off the internet.
China
China has very strict rules. Deepfakes must say they are fake, and the people in them must agree to it.
Conclusion
Deepfakes are like a two-sided coin. They can be good, like making movies or helping people who can’t speak, but they can also be very bad. Deepfakes can really hurt things. They can harm our democracy. They can also hurt people’s feelings. And, they can make it hard to know what is true. India has no laws against fake videos. It’s also okay to make deepfakes there. No rules say you can’t. So, people can make false videos without legal trouble right now. The laws we have now are messy and only deal with problems after they happen; they don’t stop them before.
We need to act quickly and do these things:
-Make a new law about making, sharing, and punishing people for using deepfakes.
-Use tech to help, like adding watermarks to deepfakes or tools to find them.
-Fake videos and photos can ruin lives. Victims need support and swift help.
-Get them help fast.
-Take down those fake videos and pictures.
-Teach people about deepfakes so they know how to spot fake news.
Laws need to change to stop harm, not just punish it. We need to keep up with deepfakes as they become more common.
FAQs (Frequently Asked Questions)
What are deepfakes?
It is a fake video or audio clip. It’s a video or sound clip that a computer made. It looks real. It is so lifelike, it’s like a real person is there. You could almost believe it’s a real person. The person in the clip might not even know it was made.
Are deepfakes illegal in India?
India doesn’t have a single law against deepfakes. But, people can be charged under other laws. These cover things like saying bad things about someone (defamation) or showing inappropriate things (obscenity). Laws about privacy and showing bad content also apply.
Can you get in trouble for sharing deepfakes?
Yes. If the deepfake is inappropriate or says bad things about someone, sharing it is against the law. Indian cyber laws apply here.
Have people been punished for deepfakes in India?
No, not yet for fake videos and pictures that look real. But some people got in trouble for sharing those. This is against India’s rules about internet stuff.
What can a person do if they find a deepfake video or image of themselves online?
They can take these steps:
-Go to the cybercrime website: www.cybercrime.gov.in
-Contact their local police. This should be a police office that deals with cybercrime.
-File a complaint. They can use sections 66E, 67A of the IT Act, and other parts of the Indian Penal Code (IPC).
What should sites like Instagram or YouTube do?
These online sites are called “intermediaries” in India’s IT rules. That means they have responsibilities. They must:
-Remove bad content within 36 hours if someone reports it.
-Use technology to help find bad content.
-Have ways for people to complain.
Can we find deepfakes?
Yes, there are computer programs to find deepfakes. Microsoft and MIT have made some tools. However, catching them is often harder than making them.
Are all deepfakes bad?
No. Deepfakes have good uses. For example, they can help bring back actors who died. They can also help in education and assistive technology. The main problem comes when they’re used without permission or to trick people.
