Deepfake-Induced Vicarious Trauma: Rethinking Psychological Harm And Tort Damages In India
- IJLLR Journal
- 2 days ago
- 1 min read
Piya Chowdhury, BBA LL.B. (Hons.), Amity Law School, Noida, Uttar Pradesh
ABSTRACT
The human mind is ingenious in its technological innovations. Yet, this proliferation of technology carries severe consequences for the very mind that created it. Issues like deep fakes, now trigger mental health challenges, ranging from body dysmorphia, digital addiction to severe stress and anxiety. This raises a pivotal questions, is the current legal framework equipped to protect the human mind from the repercussions of its own technological creations? Or What does the law owe a person whose dignity and identity have been weaponized, sexualized and spread across the internet by deepfakes, only to be deemed legally “resolved” as soon as the post is removed? This paradox represents the India’s digital legal landscape. The IT (Intermediary Guidelines) Amendment Rules, 2026 promises to impose such rapid erasure of the unlawful content, yet conspicuously fails to take into account the profound psychological trauma inflicted upon the victims, rendering their mental harm irrelevant. More so Indian laws rely on a flawed assumption that the digital harm ends when the unlawful content is removed. This assumptions becomes more fatal in the context of deepfakes, which are known for their nature of speed, virality and content recidivism. This article argues that such silence on mental harms is rather doctrinal rather than an incidental oversight.
Keywords: Non-material Harm, Psychological Harm, Victim Compensation, Deepfakes, Content Recidivism, Mental Health law, AI Governance.
