THE LOOMING SHADOW OF DEEPFAKES: A LEGAL CHALLENGE FOR INDIA
AUTHOR – H. B. HRUSHIKESH KATTEMANE, STUDENT AT CHRIST UNIVERSITY, CENTRAL CAMPUS, BANGALORE
BEST CITATION – H. B. HRUSHIKESH KATTEMANE, THE LOOMING SHADOW OF DEEPFAKES: A LEGAL CHALLENGE FOR INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 553-560, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
Deepfakes, a portmanteau of “deep learning” and “fake,” are synthetic media created using artificial intelligence (AI) that can manipulate audio and video to fabricate realistic scenarios. This technology raises significant legal concerns in India, a country grappling with issues of misinformation, privacy violations, and potential misuse for malicious purposes. This research paper examines the growing concern of deepfake technology in India.
The paper explores the technical aspects of deepfakes, highlighting their creation process and potential for harm. It then delves into the existing legal framework in India to assess its adequacy in addressing deepfakes. The analysis focuses on relevant laws like the Information Technology Act, 2000 (IT Act), the Indian Penal Code (IPC), and the Right to Privacy judgment. The paper identifies gaps and limitations in the current legal framework regarding deepfake regulation.
Furthermore, the paper explores potential legal ramifications of deepfakes in India. It examines the impact on individual rights, including the right to reputation, privacy, and freedom of expression. The paper also analyses the potential misuse of deepfakes for criminal activities like fraud, defamation, and political manipulation.
To strengthen the legal landscape, the paper examines international legal frameworks like California’s Deepfake Law and France’s Avia Law, drawing insights for potential legislative amendments and specific regulations in India. The paper then delves into the potential legal ramifications of deepfakes, analysing their impact on fundamental rights like reputation and privacy. It explores how deepfakes can be weaponized for defamation, privacy violations, and even facilitate financial fraud and social disruption. Drawing on international legal frameworks and ongoing debates, the paper proposes recommendations for strengthening the legal landscape in India. It suggests legislative amendments, the development of specific regulations for deepfakes, and increased awareness and education for both the public and law enforcement agencies.
The paper concludes by emphasizing the urgency of addressing deepfakes. It argues for a balanced approach that safeguards individual rights while mitigating the potential harms associated with this evolving technology. This research aims to contribute to the ongoing discourse on regulating deepfakes in India, paving the way for a more secure and responsible digital future.
Keywords: Deepfakes, Artificial Intelligence, Misinformation, Privacy, Legal Challenges