Introduction:
The 21st Century is the age of technology. Science has progressed at an impressive rate -it has brought forth a plethora of innovations which have made our life easier and simpler. These advancements have transformed our lives, completely changing the way we communicate and interact with each other. Undisputably, one of the biggest marvels of the 21st century is Artificial Intelligence (AI). However, not all the applications of AI have been positive. One of the worst menaces of this evolving technology is the inception of deepfakes, which have serious legal and ethical considerations. This technology has spread to various sectors including, but not limited to politics, film, sports, etc. Naturally, the media and entertainment industry has been largely affected by this.
Understanding Deepfakes:
Deepfake is a portmanteau of two words- "deep-learning" and "fake". Deepfakes are a type of synthetic media created by AI. They may include images, audio and video which have been manipulated or altered to falsely impersonate or misrepresent someone. This basically creates a realistic but fake representation of someone. It is an advanced form of Photoshopping and Photo Manipulation. This creates significant issues and has sparked numerous debates regarding data security, privacy, consent and intellectual property rights. The misuse of this technology may potentially range from creation of non-consensual explicit content to spreading political propaganda. Due to advancing technology, deepfakes have evolved to be realistic enough to deceive even the cleverest of individuals. In absence of a robust legal framework for regulating this issue like in the case of India, the legal and ethical ramifications are serious. The Indian Media and Entertainment Industry players have been the worst victims of this technology. The recent high-profile case involving the renowned Bollywood actor Anil Kapoor is a perfect example of how deepfake can be problematic for various reasons.
Current Legal Framework:
Presently, India lacks any particular legislations specifically targeting the issue of deepfakes. However, there in fact, does exist a multitude of laws and legal precedents that may contribute to regulating the misuse of this technology.
a) The Information Technology (IT) Act, 2000:
- Section 66E is concerned with the violation of privacy by capturing, publishing, or broadcasting images of a private part of an individual without consent. This is relevant in deepfake cases that infringe on an individual's privacy.
- Section 66D penalizes cheating by impersonation using a computer resource. Cheating by impersonation may include instances of creating a fake social media profile, gaining unauthorized access to another person's account, etc. This particular section may be applicable when deepfakes are used to deceive individuals.
- Section 67, 67A, 67B deals with the punishment for publication or transmission of obscene or sexually explicit material. These sections may be applicable when deepfake technology is used to create or transmit pornographic content.
b) The Copyright Act, 1957:
- The act is concerned with protecting intellectual property, including original films, music and other kinds of creative works. Deepfakes which make use of copyrighted works without permission (consent) will face legal action. Section 51 of the Copyright Act states the instances when copyright infringement occurs.
c) The Trademarks Act, 1999:
- The act deals with the registration of trademarks and prohibits the use of trademarks or their imitations in such ways which may lead to misunderstandings. This act may be applicable when logos are manipulated or brand images are used in deepfakes. These may be considered as violation of this act.
d) The Bharatiya Nyaya Sanhita (BNS), 2023:
- Section 356 (Section 499 and Section 500 of Indian Penal Code, 1860) defines and punishes defamation. This allows the individuals to seek legal recourse if deepfake content is in any way responsible for harming or jeopardizing their reputation.
Besides all these legislations, there are various legal precedents like K.S Puttaswamy vs. Union of India which has firmly established that an individual has the right to privacy under Article 21 of the Indian Constitution. Deepfakes which infringe on a person's right to privacy and therefore, a violation of the individual's fundamental rights.
Suggestions:
There are numerous challenges in regulation of deepfakes, the first and foremost being the absence of specific legislation addressing deepfakes directly. Although the existing provisions may offer some protection, in most cases they fall short in completely addressing the unique dilemmas posed by this dynamic technology. The need of the hour is drafting a specific legislation which will be able to adequately regulate this technology and prevent its misuse. India may take the examples of International Legislations regarding the same. For example, the European Union's Artificial Intelligence Act could serve as an inspiration.
Also, as one of the worst victims of this technology, organizations within the media and entertainment industry should develop rules and guidelines which deal with ethical concerns regarding deepfakes. They should discourage negative use of this technology while streamlining or developing guidelines outlining the ways in which the use of synthetic media would be acceptable.
Awareness is the most important tool against the misuse of deepfake technology. There should be public awareness about the dangers that deepfake technology may present, and their legal and ethical repercussions. Consumers should not mindlessly absorb every information presented online. They should critically evaluate and analyze the content and determine its originality before deciding to consume it.
Conclusion:
The deepfake technology is not completely bad. There are various pros-these techniques have been used by the ALS Association as a voice-cloning technology to assist sclerosis patients by recording their voice digitally. However, despite these pros, it is blindingly apparent that deepfake technology has unlimited potential for misuse and abuse. Recently, various deepfakes have surfaced which has shown how dangerous the technology can be if unregulated. A video where the face of a British Indian girl had been morphed to insert the face of a famous South Indian Actress, another video where Ratan Tata appeared to give investment advice-these are all perfect examples of misusing the technology.
As a response to the alarming rise of deepfakes, the ministry of electronics and technology [MeitY] had issued an advisory directing all intermediaries to comply with their obligations under the Information Technology [Intermediary Guidelines and Digital Media Ethics Code] Rules, 2021 [IT Rules]. These rules and laws just provide a foundation for addressing certain issues associated with deepfake technology. There is an urgent need for specific regulations which will deal with problems of deepfake technology comprehensively.
In this new era of digital deception, India needs to strike some sort of balance between technological innovations and protection of individual rights. The deepfake technology cannot be completely banned as it would hamper technological growth and advancement of the country. At the same time, the technology cannot be left unregulated and unsupervised as it would result in violations of individual rights. What is needed is the development of a strong legal framework which will successfully address the multifaceted concerns regarding deepfake technology while still giving it scope to grow and be used for positive purposes and welfare of society.
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