Is Deepfake Legal in India?

No, deepfakes are not explicitly legal in India. The country does not yet have specific laws that regulate deepfakes directly. However, the use of deepfakes can result in severe legal consequences under existing laws if it violates privacy, defames individuals, spreads misinformation, or is used for illegal activities. Given their potential for misuse, deepfakes are increasingly becoming a topic of concern in Indian legal and technological landscapes.

What are Deepfakes?

Deepfakes are synthetic media created using artificial intelligence (AI) and deep learning technologies. They manipulate or replace faces, voices, or entire bodies in videos, images, or audio to create hyper-realistic but fake content. While deepfakes have legitimate uses in entertainment and education, they are often exploited for malicious purposes like defamation, fraud, or spreading disinformation.

Legal Framework Governing Deepfakes in India

Although there are no specific laws targeting deepfakes, various legal provisions under existing laws can address their misuse:

1. Information Technology Act, 2000 (IT Act)
   • Section 66E: Punishes the violation of privacy by capturing, publishing, or transmitting private images of a person without consent.
   • Section 67: Prohibits the publication or transmission of obscene material in electronic form, which can include deepfake pornography.
   • Section 69A: Empowers the government to block access to content, including deepfakes, if it threatens public order or decency.
2. Indian Penal Code (IPC), 1860
   • Section 499 (Defamation): Creating and sharing a deepfake that harms the reputation of an individual can result in defamation charges.
   • Section 354C (Voyeurism): Punishes those who capture, distribute, or use manipulated explicit images of women without their consent.
   • Section 509: Addresses actions or words intended to insult the modesty of a woman, applicable to deepfake content.
3. Copyright Act, 1957
   • Using someone’s likeness or voice without their permission may violate their intellectual property rights, particularly if the content is monetized.
4. Right to Privacy
   • Recognized as a fundamental right under Article 21 of the Constitution in Justice K.S. Puttaswamy v. Union of India (2017).
   • Deepfakes that invade an individual’s privacy or exploit their personal data are unconstitutional.
5. Election Laws
   • Misusing deepfakes to influence voters or spread fake propaganda can violate the Representation of the People Act, 1951, and attract penalties for corrupt electoral practices.

Key Concerns About Deepfakes in India

1. Misinformation and Disinformation
   • Deepfakes can spread fake news, incite violence, or create political propaganda, leading to societal unrest.
2. Defamation and Harassment
   • Public figures and private individuals alike are vulnerable to reputational harm caused by manipulated content.
3. Cybercrimes
   • Deepfakes are increasingly used for blackmail, phishing scams, and identity theft.
4. Lack of Regulation
   • The absence of specific legislation makes it challenging to address the misuse of deepfakes effectively.
5. Impact on Women
   • A significant portion of deepfake content involves creating non-consensual explicit videos of women, leading to severe emotional and psychological harm.

Recent Incidents and Legal Actions

1. Deepfake Pornography
   • Non-consensual explicit videos of celebrities and private individuals have been widely circulated online, leading to calls for stricter regulations.
2. Political Propaganda
   • During elections, deepfakes have been used to mimic political leaders, potentially misleading voters.
3. Social Media Misinformation
   • Deepfake videos of public figures have been shared on platforms like WhatsApp and Facebook, contributing to the spread of false narratives.

Global Perspective

Countries like the United States and the European Union are introducing specific laws to combat the misuse of deepfakes. India, however, has yet to implement dedicated legislation. Initiatives like the Digital Personal Data Protection Act, 2023 and amendments to the IT Act may pave the way for stricter regulation of such technologies.

Proposed Solutions and Recommendations

1. Dedicated Legislation
   • India needs specific laws to regulate deepfake technology, addressing both the creation and distribution of manipulated content.
2. AI Detection Tools
   • Encouraging the development and deployment of AI-based tools to detect deepfakes on social media and other platforms.
3. Awareness Campaigns
   • Public education initiatives to help individuals recognize deepfakes and report malicious content.
4. Accountability for Platforms
   • Social media platforms should be held accountable for hosting and spreading deepfake content, with stricter content moderation policies.
5. Collaboration with Technology Experts
   • The government should collaborate with AI researchers and tech companies to stay ahead of advancements in deepfake technology.

Conclusion

While deepfakes are not explicitly illegal in India, their misuse can lead to severe legal consequences under various existing laws. The absence of specific regulations makes addressing deepfakes a complex challenge, especially as the technology becomes more accessible and sophisticated. To mitigate the risks associated with deepfakes, India needs dedicated legislation, robust enforcement mechanisms, and widespread awareness initiatives to balance technological innovation with ethical and legal safeguards.