Can Legal Measures Shield India from Deepfake Peril?

In an era dominated by technological marvels, the rise of deepfake technology has unleashed various challenges globally. India must align digital adoption to its constitutional values as a process, not the endgame. India, a technological hub in its own right, grapples with the urgent need for robust legislation to curb the potential misuse of deepfakes.

It can be anybody who can come under this. The recent case of Rashmika Mandanna has found herself at the center of controversy involving a deepfake video. The video, which has gone viral on social media, shows a woman entering an elevator, but her face has been digitally altered to resemble Mandanna. This incident has sparked widespread concern and calls for legal action. This article delves into the legal landscape of India, exploring existing laws and recent government initiatives aimed at tackling the ominous spread of misinformation through deepfake technology.

Unmasking Deepfake Technology: A Digital Quandary

Deepfake technology, fueled by artificial intelligence, harnesses machine learning algorithms to fabricate hyper-realistic synthetic media, blurring the lines between reality and fiction. The consequences are profound, posing threats to privacy, security, and the very fabric of information integrity.

Existing Laws: Navigating the Legal Terrain

While India currently lacks a dedicated law specifically targeting deepfake technology, existing legal provisions are wielded to combat its misuse:

• Information Technology Act, 2000 (IT Act):
  • Section 66D: Targets cheating by personation through communication devices or computer resources, with penalties of imprisonment up to three years and fines up to one lakh rupees.
  • Section 66E: Addresses the intentional capture, publication, or transmission of private images without consent, punishable by imprisonment of up to three years or fines of up to two lakh rupees, or both.
• Indian Copyright Act, 1957:
  • Section 51: Encompasses the conditions of infringing copyrights without the owner’s granted license.

Filling the Gaps: Laws Covering Miscellaneous Misuse

In addition to the aforementioned acts, several other provisions target specific misuses of deepfake technology:

• Section 66C of the IT Act, 2000: Addresses identity theft, punishing offenders with imprisonment up to three years and fines up to one lakh rupees.
• Section 294 of the Indian Penal Code, 1860 (IPC): Targets the creation of obscene materials using deepfake, with possible imprisonment for up to three months, fines, or both.
• Article 21 of the Constitution of India, 1950: Protects the right to privacy and bodily integrity, crucial in cases where deepfake technology is used to morph someone else’s private content.

The Void in Legislation: Exploring Reasons and Debates

The absence of a dedicated law criminalizing deepfake technology in India is multifaceted. Rapid evolution, diverse forms of usage, and arguments favoring existing laws related to defamation, identity theft, or privacy invasion contribute to the legislative void.

Government Initiatives: A Proactive Stance against Misinformation

Acknowledging the urgency of addressing deepfake threats, the Indian government has issued guidelines to social media platforms. This move urges platforms to take swift action against false and misleading content, emphasizing due diligence. The directive sets a 36-hour timeline for social media platforms to address reported content, failure of which could result in the revocation of safe harbor protections, exposing platforms to legal action.

Global Cooperation and Public Awareness: The Need of the Hour

Recognizing the borderless nature of the internet, the government underscores the necessity for international cooperation to combat the global reach of deepfake threats. Additionally, the directive highlights the importance of public awareness until specific legislation is enacted.

Balancing Act: Legal and Ethical Dimensions

While the government’s initiative aligns with global trends holding tech giants accountable, critics voice concerns about the 36-hour timeline potentially burdening social media companies. Striking a balance between freedom of expression and preventing the spread of harmful content remains a complex challenge.

Shaping the Digital Future

The Indian government’s push for social media responsibility is a significant move in the global quest to control online content. As governments everywhere wrestle with how to handle tech giants, the focus is on the legal and ethical aspects of moderating content. The ongoing changes in online content rules highlight the constant struggle to find fair and effective ways to moderate content without suppressing free speech.

In this digital era, where the delicate balance between technological progress and legal fortitude holds the key to safeguarding society, one must ask: How can we navigate the evolving landscape of online content moderation to ensure a future that respects both innovation and ethical standards? Clearly, securing society’s future depends on balancing technological advancements with strong legal foundations.

–Tishya Sharma, Lawyer, Content Writer with She Sight Magazine.