Source: Hindustan Times

Introduction

In an era dominated by rapid technological advancements, the rise of deepfake technology has introduced new challenges to the fabric of our society. Deepfake as an outcome of Artificial Intelligence (AI), enables the manipulation of audio and video content with startling realism, often blurring the lines between truth and fiction. As usage of deepfake grows rapidly, lawmakers worldwide are grappling with the urgent need for comprehensive legislation to curb their potential misuse. The lack of a stand-alone law against deepfake came into the limelight after a morphed video of an Indian actress circulated nationwide.

What is Deepfake Technology?

• Deepfake utilize machine learning algorithms to create highly convincing synthetic media by swapping faces, mimicking voices, and even altering body language in videos.
• This technology usually is used to deceive individuals and manipulate public perception, posing significant threats to privacy, security, and the integrity of information.

What are the Laws in India against Deepfake Technology?

India lacks a specific law for deepfake technology however several provisions in the existing acts are charged by the agencies upon the culprits.

• Section 66D of the Information Technology Act, 2000 (IT Act):
  • The section punishes cheating by personation using communication device or computer resource.
  • Imprisonment under this section may extend to three years and the culprit shall also be liable to a fine which may extend to one lakh rupees.
• Section 66E of the IT Act, 2000:
  • It states that, whoever intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person.
  • Imprisonment under this section may extend to three years or with a fine not exceeding two lakh rupees, or with both.
• Section 51 of the Indian Copyright Act. 1957:
  • It covers the conditions of infringing copyrights without any license granted by the owner.

What are the Laws Covering Miscellaneous Misuse of Deepfake Technology?

• Section 66C of the IT Act, 2000:
  • Deepfake can be used for identity theft.
  • Hence, the section punishes the act of identity theft with imprisonment of either description for a term which may extend to three years and fine with may extend to rupees one lakh.
• Section 294 of India Penal Code, 1860 (IPC):
  • Obscene materials can be created by using deepfake.
  • Hence, the section punishes obscene acts and songs with imprisonment of either description for a term that may extend to three months, or with a fine, or with both.
• Article 21 of the Constitution of India, 1950:
  • Morphing someone else’s private content leads to severe violation of privacy and will also be a threat to the person’s bodily integrity.
  • Article 21 covers Right to Privacy and bodily integrity as its integral part.

What are the Reasons Behind the Lack of Specific Law Criminalizing Deepfake Technology?

• Deepfake technology is constantly evolving, making it challenging for lawmakers to keep up with the pace of innovation and make a law for the long run.
• Deepfake can take various forms, including humorous parodies, artistic creations, or malicious impersonations. Hence, its definition and scope are yet to be completely determined.
• Some countries may argue that existing laws, such as those related to defamation, identity theft, or privacy invasion, are sufficient to address the harms caused by deepfake.

Way Forward

• The borderless nature of the internet requires international cooperation to address the global reach of deepfake threats.
• A comprehensive approach is required to tackle deepfake as it is in the news on every next day, and it may be abused during elections and may emerge as a threat to the nation’s security if abused at international platform.
• Public awareness is also required until the enactment of a specific statue dealing with the abuse of deepfake technology.