Deep Fakes And The Crisis Of Knowing: A Comparative Study Of The Indian And UK Legal Frameworks
Heena Narwani & Aditi Kanoongo, Assistant Professor, S.S. Jain Subodh Law College
ABSTRACT
Deepfake, which refers to a synthesized audio-visual medium that has been created or modified via deep learning technology with the aim of making it appear real, has become a structural challenge to the epistemic commons insofar as it refers to a shared level of trust that makes audio-visual evidence credible in the eyes of individual citizens, media, and electorate. This epistemic crisis takes two forms: first-order harm, which includes defamatory, sexually exploitative, fraudulent and manipulative electoral activities brought about through fabricated content being believed; and second-order harm through 'liar's dividend', wherein authentic evidence may be disregarded as deepfake. This paper seeks to undertake a doctrinal and comparative examination of the Indian and UK responses to this challenge. The Indian response is essentially executive and reactive, centered on amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in 2025 and which provides for statutory definition of 'synthetically generated information' and labeling and takedown requirements, among others. The United Kingdom has taken steps through legislative amendments to primary statutes, the Online Safety Act 2023 and the Data (Use and Access) Act 2025, criminalizing firstly the distribution and secondly, from February 2026, the production of non- consensual sexually explicit deepfakes with the assistance of Ofcom’s regulatory powers. This paper posits that in both jurisdictions there is a reactive approach and an emphasis on sexual harm, resulting in considerable regulatory deficiencies concerning deepfakes that are not sexual, political, economic and reputational in nature and makes recommendations for reform in this regard.
Keywords: deepfakes; synthetic media; epistemic harm; Information Technology Act; Online Safety Act 2023; personality rights; comparative media law; artificial intelligence regulation.
