INTRODUCTION
Artificial intelligence (AI)-driven deep fake technology has raised concerns in India, particularly in the areas of privacy infringement, disinformation, and criminality. The accurate manipulation of voices, pictures, and recordings has raised significant ethical and legal questions. India lacks a formal legislative framework to control deepfake technology despite its growing abuse in fraud, entertainment, and politics.
This article examines the legal issues raised by deepfakes in India, the application of current cyber laws, and the necessity of legislative changes to counteract the risks posed by artificial intelligence.
UNDERSTANDING DEEPFAKES AND THEIR THREATS
Understanding Deepfakes and Their Threats Deepfakes are AI-created content changing or creating an individual’s likeness, voice, or behaviour through deep learning methods. Deepfakes bring about some of the following threats..s
- Misinformation and Fake News: Deepfakes created for political purposes can disperse falsified news to influence people’s opinions.[1]
- Cyber Defamation and Harassment: False videos or images can defame reputations, particularly through nonconsensual material[2]
- Financial Identity Theft and Fraud: AI voices or videos can be employed to fake someone’s voice or appearance for fraud.[3]
- Threats to National Security: Deepfakes can be applied to espionage, blackmail, and simulated diplomatic interaction[4]
- Deepfake- augmented Cybercrimes: Deepfakes can be employed by hackers to evade facial recognition security features[5]
LEGAL FRAMEWORK GOVERNING DEEPFAKES IN INDIA
Although India does not have a specific Deepfake Law, existing statutes under the Indian Penal Code (IPC) and the Information Technology (IT) Act of 2000 [6]Address related offences.
- Defamation and Misinformation
Under Sections 499 and 500 of IPC[7] ,If a deepfake video damages a person’s reputation, it may amount to criminal defamation, punishable with up to two years of imprisonment, or a fine.
The Representation of the People’s Act of 1951 Spreading false political narratives through deepfakes during elections could attract penalties under Sections 123 and 125, dealing with corrupt practices and promoting enmity.
- Cybercrime and Identity Theft
Under Section 66C of the IT Act, 2000 [8]identity theft through deep fake manipulation is punishable under this provision.
Under Section 66D of the IT Act, 2000 [9]Cheating by impersonation using computer resources is an offence with penalties, including three years of imprisonment and a fine of up to ₹1 lakh.
Under Section 420 of IPC [10]Cheating and dishonestly inducing the delivery of property through deepfake-related fraud falls under this provision.
Under Section 463 of IPC (Forgery) [11]Using deepfakes to falsify identities can be classified as forgery.
- Obscenity and Non-Consensual Deepfake Content
Under Sections 67 and 67A of the IT Act, 2000[12] Publishing or transmitting obscene material (such as deepfake pornography) online is punishable with up to five years of imprisonment and a fine of ₹10 lakh.
Under Section 292 of the IPC[13] Criminalizes obscene publications, which can be extended to deepfake content.
Under Section 354C of IPC (Voyeurism)[14] If a deepfake video is created without a woman’s consent, it falls under voyeurism and attracts up to three years of imprisonment.
- Lack of Specific Regulations on AI and Deepfake Technology
Despite these provisions, no specific laws regulate AI-generated content. The Digital India Act, which is expected to replace the IT Act, is likely to introduce stricter regulations on AI, data privacy, and digital safety.[15]
CHALLENGES IN REGULATING DEEPFAKE TECHNOLOGY
- Difficulty in Tracing the Origin of Deepfakes
As AI-generated deepfakes can be made anonymously or housed on foreign servers, it might be challenging to identify and bring criminal charges against those responsible under Indian law. Blockchain-based solutions can assist in tracking digital modifications and confirming the legitimacy of a material.
- Lack of Awareness Among Law Enforcement Agencies
Police and cyber law authorities often lack technical expertise in identifying deepfakes, leading to delayed investigations and weak enforcement. The Need for AI Forensic Training Law enforcement agencies require AI-based forensic tools to detect deepfakes.
- Balancing Free Speech and Regulation
While India must regulate deepfakes, it must also uphold freedom of speech under Article 19(1)(a) of the Constitution. A vague or overbroad law could lead to misuse by authorities for censorship[16].
- Judicial Challenges
Courts may struggle to differentiate between real and AI-generated evidence, leading to difficulties in legal proceedings.
Admissibility of Deepfake Evidence in Courts may require forensic AI experts to determine the credibility of the digital evidence.
- International Legal Gaps
Many deepfake sources are hosted abroad, making extradition and enforcement difficult under Indian law.
- Inadequate Reporting and Removal Mechanisms
Currently, social media platforms do not have an effective mechanism for identifying and removing deepfakes. The Intermediary Guidelines and [17]Digital Media Ethics Code, 2021, require platforms to act on content complaints; however, enforcement remains weak. India could adopt EU-style content moderation rules to mandate quicker take-owns.
NEED FOR LEGAL REFORMS
To address the challenges posed by deepfake technology, India must introduce clear and specific laws under a revised Information Technology Act or new AI regulations. Some potential reforms include:
- Defining Deepfakes in Law: India should legally define deepfakes and introduce punishments based on intent and harm caused.
- Stronger AI Regulation: The Digital India Act must include strict guidelines for AI-generated content to prevent misuse.
- Stronger AI Detection Tools: Law enforcement should be equipped with forensic AI tools to trace deepfakes.
- Mandatory Digital Watermarking: AI-generated content should include a watermark to indicate that it is artificially created.
- Faster Takedown Mechanisms: Social media platforms should be legally bound to remove deepfake content within a specific timeframe, similar to the EU’s Digital Services Act.
- Public Awareness Campaigns: The government must educate citizens about deepfakes and encourage the use of responsible AI.
- Cross-Border Cooperation: India should collaborate with Interpol and global agencies for deepfake-related cyber crime tracking.
- Strict Platform Liability: Platforms such as Facebook, Instagram, and YouTube should be held accountable for failing to remove deepfake content.
- AI Ethics Framework: The National AI Ethics Board should oversee the ethical deployment of AI-generated content.
CONCLUSION
In India, Deepfake technology poses significant ethical and legal issues. Although defamation, identity theft, and obscenity are covered by current cyber laws, they are insufficient to fully address the risks posed by AI. To combat deepfakes, the Digital India Act and upcoming AI legislation must include certain legal requirements that strike a balance between national security, free expression, and privacy.
India has to adopt a proactive legislative strategy to reduce the threats presented by deepfake technology in light of rapid developments in artificial intelligence. Until then, people need to exercise caution and double-check digital material before trusting or disseminating it.
Author(s) Name: Nikita Agarwal (Bhartiya Vidyapeeth deemed university in Delhi)
References:
[1] Bobby Chesney and Danielle Citron, ‘Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security’ (2019) 107 California Law Review 1753
[2] James Vincent, ‘Deepfake Scandal Shows How AI Image Generators Can Be Used for Harassment’ The Verge (27 October 2023) https://www.theverge.com accessed 26 March 2025
[3] Carl Öhman, ‘Deepfakes and Financial Fraud: The Growing Threat of AI-Driven Identity Theft’ (2021) 14 Journal of Cybersecurity Studies 57
[4] Robert Chesney and Danielle Citron, ‘Disinformation Machines: The Threat of Deepfake Technology’ (2020) National Security Journal https://www.nationalsecurityjournal.org accessed 26 March 2025.
[5] Kate O Flaherty, Hackers Are Using AI Deepfakes to Bypass Security—And It’s Getting Worse’ Forbes (8 February 2024) https://www.forbes.com accessed 26 March 2025
[6] Information Technology Act 2000
[7] Indian Penal Code 1860 s 499
[8] Information Technology Act, 2000, Section 66C
[9] Indian Penal Code 1860 s 420
[10] Indian Penal Code 1860 s 420
[11] Indian Penal Code 1860 s 463
[12] Information Technology Act 2000 ss 67, 67A
[13] Indian Penal Code 1860 s 292
[14] Indian Penal Code 1860 s 354C
[15] Ministry of Electronics and Information Technology, ‘Draft Digital India Act’ (Government of India, 2024) https://www.meity.gov.in accessed 4 March 2025
[16] Ministry of Electronics and Information Technology, ‘Draft Digital India Act’ (Government of India, 2024) https://www.meity.gov.in accessed 4 March 2025
[17] Ministry of Electronics and Information Technology, ‘Draft Digital India Act’ (Government of India, 2024) https://www.meity.gov.in accessed 4 March 2025
