DEEPFAKE TECHNOLOGY: LEGAL CHALLENGES AND REGULATORY RESPONSES
AUTHOR – SREE PARVATHAVARTHINI SK* & DR. SANTOSH KUMAR TIWARI**
* LLM (STUDENT) AT SCHOOL OF LAW JUSTICE AND GOVERNANCE GAUTAM BUDDHA UNIVERSITY
** ASSISTANT PROFESSOR AT SCHOOL OF LAW JUSTICE AND GOVERNANCE GAUTAM BUDDHA UNIVERSITY
BEST CITATION – SREE PARVATHAVARTHINI SK & DR. SANTOSH KUMAR TIWARI, DEEPFAKE TECHNOLOGY: LEGAL CHALLENGES AND REGULATORY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 774-787, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The advent of artificial intelligence (ai) has changed the way that people communicate digitally, how we can create media, and how information is delivered. One of the greatest innovations in the use of ai is deepfake technology. Deepfake technology utilizes advanced machine-learning based algorithms to produce highly-realistic synthetic visual imagery (still images), video imagery, and audio-recordings. There are many benefits to using deepfakes including the potential for enhanced forms of entertainment, educational experiences, medical treatment options, and accessibility opportunities. However, there are a number of serious legal, ethical, and social concerns with respect to the use of deepfakes. Since their emergence as a viable tool for deception, individuals and organizations have employed them to further misinformation campaigns; distribute non-consentual pornographic images of individuals; influence elections; commit financial crimes such as stock market manipulation and account takeovers; steal identities; and engage in other forms of cyber-crime.
There are many potential problems that India will encounter when it attempts to regulate DeepFake technology. While India has implemented a number of laws (the Information Technology Act, 2000; the Digital Personal Data Protection Act, 2023; the Bharatiya Nyaya Sanhita, 2023) which partially address the issue of regulation of DeepFakes, none of these laws deal specifically with the problem of DeepFakes. The international community is beginning to develop legislation and regulatory schemes to mitigate the dangers posed by DeepFakes created using artificial intelligence.
This research evaluates the legal impact of deepfakes in terms of Indian constitutional law, criminal law, civil law and international law. It assesses whether current laws and regulations are sufficient to address this new form of deception and suggests an all-inclusive framework for regulating it in India. The analysis concludes that a balance is needed; one that will protect individual rights (of privacy, dignity and democracy) but also allow for creativity and free speech.
Keywords: Deepfake Technology, Artificial Intelligence, Privacy, Cybercrime, AI Governance, Data Protection, Digital Rights.