Constitutional Challenges In Deep Fake Technology: Rethinking Criminal Liability In The Digital Era

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Tharunika JD, BCA LLB (Hons), School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai – 113, India

Boopathi A, B.Com LLB (Hons), School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai – 113, India

ABSTRACT

Deep fake technology, driven by advancements in artificial intelligence and machine learning, has emerged as one of the most significant challenges confronting constitutional governance and criminal justice systems in the digital era. While synthetic media offers legitimate benefits in areas such as education, healthcare, entertainment, and digital communication, its misuse has created serious threats to privacy, dignity, reputation, democratic integrity, and public trust. This study critically examines the constitutional and criminal law implications of deep fake technology, with particular emphasis on the tension between freedom of speech and the protection of fundamental rights. Adopting a combined doctrinal and empirical methodology, the research analyses constitutional provisions, statutory frameworks, judicial precedents, and primary data collected from 125 law students and legal professionals. The findings reveal that existing legal mechanisms are insufficient to address the complex challenges posed by AI- generated content, particularly in relation to mens rea, attribution of liability, intermediary responsibility, and evidentiary authenticity. The study contends that deep fake challenge the foundational assumptions of traditional criminal jurisprudence by disrupting established concepts of intent, causation, authorship, and evidentiary reliability. It further argues that conventional models of criminal liability are increasingly ineffective within a digital ecosystem characterised by anonymity, automation, and rapid dissemination of information. The research advocates a balanced, rights-based, and future- oriented regulatory framework that ensures accountability, safeguards constitutional freedoms, protects victims, and promotes responsible technological innovation. Ultimately, the study demonstrates that effective governance of deep fake technology requires a fundamental rethinking of constitutional protections and criminal responsibility to preserve truth, justice, and democratic trust in the age of artificial intelligence.

Keywords: Deepfake Technology, Constitutional Rights, Criminal Liability, Artificial Intelligence and Digital Governance.

94. CONSTITUTIONAL CHALLENGES IN DEEP FAKE TECHNOLOGY- RETHINKING CRIMINAL LIABILITY IN TH

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