Deepfakes and Digital Deception: Can Indian Law Keep Up?

Author: Gurleen kaur (BBA LLB)

Deepfakes have changed from being a harmless form of entertainment to a potent tool for impersonation, blackmail, and disinformation in the era of viral content and AI-powered manipulation. India's legal system is finding it difficult to keep up with this rapidly expanding threat as technology advances at an accelerated rate.

Deepfakes: What Are They?

Deepfakes are artificial intelligence-generated or altered synthetic material, such as audio, video, or photographs, that give the impression that someone said or did something they never did. Despite its innovation, this technology has become a powerful weapon in the wrong hands.

Real-Life Cases from India: The Deepfake Danger Is Real

1.      Actress Rashmika Mandanna's Deepfake (2023)

A deepfake video of actress Rashmika Mandanna entering an elevator while wearing a skimpy attire went viral on social media in a well-publicized incident. The body was not hers, but the face was. The widely shared video startled viewers and sparked grave worries about how simple it is to alter content without permission.

Result: The incident revealed a clear lack of legal protections for these victims, yet the Delhi Police filed a case and started an investigation.

2.      Actor Ranveer Singh's Deepfake (2023)

Ranveer Singh was depicted in another deepfake endorsing a political party, something he never did. This manipulation demonstrated the ability of deepfakes to sabotage political processes and might have easily fooled voters.

Impact: Despite being discovered early, it brought attention to the susceptibility of public personalities and the possibility of election-related AI abuse.

3.      Corporate Fraud Using Voice Deepfakes

Several Indian businesses reported falling victim to voice cloning fraud, in which con artists impersonated CEOs or other executives using artificial intelligence (AI) and gave staff members urgent money transfer instructions.

As a result, digital forensics and awareness are more important than ever because, in many cases, the money was gone before the fraud was detected.

 

Current Indian Laws:

·         Sections 66C and 66D of the Information Technology Act of 2000 address identity theft and impersonation fraud.

·          Obscene material transmission is covered in Section 67.

·   Restrictions: Does not include particular clauses for artificial intelligence (AI)-generated content or synthetic media.

Indian Penal Code (IPC), 1860

·         Anyone found guilty of defaming another person faces up to two years in simple imprisonment, a fine, or both under Section 500.

·         Insulting a woman's modesty is punishable by Section 509, which imposes a fine and up to three years in prison for words, gestures, or actions that do so.

·         Forgery with the intent to cheat is covered by Section 468, Forgery for Cheating, which carries a maximum sentence of seven years in jail and a fine.

Right to Privacy (Puttaswamy Judgment, 2017)

The Puttaswamy Judgment (2017) maintained the right to privacy as a fundamental freedom that protects one's bodily autonomy, personal dignity, and control over one's personal information, by Article 21 of the Indian Constitution. This right is immediately violated in the case of deepfakes, which alter a person's voice, appearance, or image without consent. Deepfakes violate physical autonomy by changing a person's appearance, damage one's reputation by utilizing explicit or defamatory content, and engage in illegal surveillance by abusing personal information. Because deepfakes compromise privacy, people may turn to defamation, cybercrime, and laws protecting dignity as legal remedies, underscoring the need for stronger legal safeguards against such infringements.

What’s Missing in the Law?

Despite these general provisions, the Indian legal system lacks:

Notwithstanding these broad rules, the Indian legal system is devoid of:

• A precise legal description or acknowledgement of deepfakes.

• Punishment mechanisms specifically designed to combat AI-driven fraud.

• Effective victim redressal methods.

• Requirements for digital platforms to identify and report fake content

What India Needs: The Legal Roadmap Ahead

1.      Committed Law Against Deepfakes

Malicious deepfake production and distribution must be defined and punished by a complete regulation that includes the following:

• Consent requirements

• Intent to harm or deceive

• Repercussions for platforms, distributors, and artists

2.      Make 2023's Digital Personal Data Protection Act stronger

The misuse of biometric information (such as voice or facial traits) in AI-generated content can be covered by existing laws.

3.      Platform Responsibility & AI Transparency

Control how generative AI techniques are used. Require YouTube, Instagram, and X (Twitter) to quickly remove harmful media and identify deepfake content.

4.      The National Cybersecurity Task Force

Create a dedicated team of legal experts, AI ethicists, and cyber forensic specialists to keep an eye on and react to deepfake dangers instantly.

5.       The Need for Digital Literacy

Teach the public to spot and report deepfakes. Addressing digital deceit requires raising public awareness.

Conclusion: Illusion or Reality?

Deepfakes are already a reality rather than a thing of the future. Even a 30-second AI-generated clip might create irreversible harm in a nation with a high level of connectivity like India, where viral content travels like wildfire. The distinction between reality and illusion will remain hazy in the absence of strong legal frameworks.

To protect democracy, privacy, and digital integrity, India must move quickly, pass reasonable legislation, and raise awareness. Because in the world of deepfakes, what you see is no longer what you receive.