Regulating deepfakes and AI in India

Contact Counsellor

Last Updated09/12/2023

The recent rise of deepfake technology has ignited concerns in India and prompted regulatory measures.
Deepfakes are digital media, video, audio, and images, edited and manipulated using Artificial Intelligence (AI).
Since they incorporate hyper-realistic digital falsification, they pose threats to privacy, trust and democratic institutions.

Deepfakes, crafted with AI and machine learning, blur the lines between reality and fiction.
Despite applications in education, criminal forensics and film production, they raise concerns about exploitation, sabotage elections and misinformation.
The technology's origins trace back to a Reddit user in 2017.
- He had used publicly available AI-driven software to create pornographic content by imposing the faces of celebrities onto the bodies of ordinary people.
Now, deepfakes can easily be generated by semi-skilled and unskilled individuals by morphing audio-visual clips and images.
As it becomes more accessible, challenges in detection increase.
A 2019 study conducted by AI firm Deeptrace found that a staggering 96% of deepfakes were pornographic, and 99% of them involved women.

India lacks specific laws addressing deepfakes and AI-related crimes, relying on existing legislation like the Information Technology Act, 2000 and the Indian Penal Code.
These laws offer civil and criminal relief, but there is a call for more comprehensive regulation.
Section 66E of the Information Technology Act, 2000 (IT Act)
- It is applicable in cases of deepfake crimes that involve the capture, publication, or transmission of a person’s images in mass media thereby violating their privacy.
Sections 67, 67A, and 67B of the IT Act
- It can be used to prosecute individuals for publishing or transmitting deepfakes that are obscene or contain sexually explicit acts.
The IT Rules also prohibit hosting ‘any content that impersonates another person’.
- It requires social media platforms to quickly take down ‘artificially morphed images’ of individuals when alerted.
Provisions of the Indian Penal Code (IPC) can also be resorted for cybercrimes associated with deepfakes like Sections 509, 499 and 153 (a) and (b) among others.

The Union Minister of Electronics and Information Technology stated he acknowledges that “a new crisis is emerging due to deepfakes”.
He also announced plans to introduce draft regulations soon for public consultation to address the issue.
However, there is debate about the adequacy of existing laws, with concerns about enforcement and victim burden.
The Minister of State for Electronics and Information Technology (MeitY) maintained that the existing laws are adequate to deal with deepfakes if enforced strictly.
He said that a special officer will be appointed to closely monitor any violations.
An online platform will also be set up to assist aggrieved users and citizens in filing FIRs for deepfake crimes.
The government's advisory is viewed as a responsive move but is criticised for potential limitations.

The Massachusetts Institute of Technology (MIT) created a Detect Fakes website to help people identify deepfakes by focusing on small intricate details.
The US President signed an executive order on AI to manage its risks, ranging from national security to privacy.
The DEEP FAKES Accountability Bill proposes criminal sanctions on online platforms for not labelling malicious deepfakes.
The EU has strengthened its Code of Practice on Disinformation to ensure that social media giants start flagging deepfake content or potentially face fines.
Further, under the proposed EU AI Act, deepfake providers would be subject to transparency and disclosure requirements.

Experts emphasize the need for a comprehensive AI governance framework in India, balancing safety and innovation.
They argue against a replication of foreign laws, calling for context-specific regulation that fosters innovation and addresses emerging challenges.