Deepfake Technology In Media: A Legal Perspective

INTRODUCTION

Artificial intelligence algorithms have been applied to create or manipulate media known as "deepfakes." These deepfakes are a threat to information integrity and privacy through film, audio recording, or photography manipulation. They have multiple applications, which can be helpful or harmful.

Users are failing to distinguish between the real and the manipulated content due to the spread of misinformation that has been brought about by the development of deepfake technology. Social media is a powerful tool for amplifying deepfake material across the country.

ETHICAL AND SOCIETAL IMPLICATIONS OF DEEPFAKE

Perhaps the most blatant damage that deepfakes can cause would be to reputations. This is particularly true in cases where recordings or non-consensual deepfake pornography are designed to further destroy the reputations of celebrities or ordinary people.

With fake news now spreading on WhatsApp, which has already been used to incite violence in India, false videos that depict one community attacking or disparaging another might spread very quickly. This aim of sexually explicit deepfakes is to silence or damage the reputation of women in public roles such as journalists, legislators, and activists. Therefore, it provokes gender disparity and prevents women from fully participating in public life.

Deepfakes is a threat to journalism as well because it undermines the legality of audio and video content. Journalists risk publishing false content because they might find it challenging to distinguish between original and fabricated recordings. The news organizations may become weak at credibility by this.

EXISTING INDIAN LAWS RELATED TO DEEPFAKE TECHNOLOGY

India does not have specific laws related to deepfake technology, but several existing legal provisions can be used to address and regulate its misuse.

Information Technology Act, 2000

The IT Act's Section 66E, which prohibits "violation of privacy of private area," states that anyone who, in spite of their knowledge, takes or publishes a picture of another person's private parts without that person's consent faces up to three years in prison, a fine of up to two lakh rupees, or both. Portrayal by any computer resource or communication device is barred by Section 66D. A prisoner can be sent behind bars for three years, and up to one lakh rupees in fine can be levied against them, or both. Section 67 of the IT Act banned electronic circulating of obscene material. It covers explicit deepfakes by punishing the act of creating or circulating manipulated material, which meets the definition of obscenity. Section 67A specifically aims to punish people for publishing material featuring sexually explicit acts. It contains material that has been computerized, including pornographic deepfakes.

The Indian Copyrights Act, 1957

The Punishment for copyright infringement acts according to Section 51 of the Copyright Act, which prohibits one from using someone's intellectual property without that person's permission, especially if this property is exclusively the property of the person. Any Deepfakes that are comprised of altering or modifying existing photographs or videos without permission can be deemed copyright infringement as they infringe on the right of the copyright owner to reproduce in a unique manner.

Constitutional Rights

In a landmark judgment of the case Justice K.S. Puttaswamy vs. Union of India 2017, under Article 21 of the Indian Constitution the Supreme Court of India, held that the right to privacy is a fundamental freedom. Based on that, deepfakes that breach the privacy of a person without any consent may be dealt with.

Digital Personal Data Protection Act, 2023

This act is the most significant endeavor to address such issues. Under this law, personal data, privacy rights, and data processing activities are put in place. Section 4 explicitly states that all data fiduciaries are required to have express and informed consent from individuals whose personal data is being processed. Section 6 requires fair, transparent, and purposeful processing of personal data.

JUDICIAL ACKNOWLEDGEMENT

First instance of deepfake fraud reportedly caught the attention of the government in the state of Kerala in July 2022. A 73year old man, Radhakrishnan, lost Rs. 40,000 to deepfake fraud.
The Supreme Court ruled in Shreya Singhal vs. Union of India (2015) that Section 66A was unconstitutional because it infringed upon Article 19(1)(a)'s guarantee of free speech. Vague terms in Section 66A led to its invalidation, similarly, laws targeting deepfakes must precisely define or mention what constitutes harmful or illegal content to prevent misuse and further nuisance to the society and individuals.
Indian Politician Manoj Tiwari's Deepfake Video (2020) in this instance, during the Delhi Legislative Assembly elections, a deepfake video of Indian politician Manoj Tiwari became viral online. In the video, Tiwari delivered a speech, encouraging people to vote for his party.
South Indian Celebrities Victim to Deepfake Pornography (2023), many South Indian actresses, including Rashmika Mandanna and Samantha Ruth Prabhu, fell victim to deepfake pornography. Videos containing explicit content, featuring their likeness were spread widely on social media without their consent.

CONCLUSION

Deepfake technology has tremendous growth in digital media and artificial intelligence but also raises grave ethical, legal, and social problems. Deepfakes material has emerged in India, and these developments raise a number of very serious concerns in question, including harmful uses of technology, defamation, privacy infringement, and disinformation. Cases involving politicians and celebrities and public figures point to the great need for tackling the negative effects of deepfakes. Recent measures on advertising and consumer protection in India target deepfakes, bought endorsements, and dark patterns, showing that the government is active in the safeguarding of consumers' interests and promoting openness in advertising activities. However, issues and problems are still pending for resolution, particularly in areas concerning thorough regulation of developing technologies and privacy protection.

REFERENCES

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