Deepfake Pornography And Criminal Law Of India: The Crises Of Legal Classification
- IJLLR Journal
- 44 minutes ago
- 2 min read
Saloni Shashank Patil & Satya Prakash Mishra, Chhatrapati Shivaji Maharaj University, Panvel, Navi Mumbai, Maharashtra, India
ABSTRACT
Major strides have been taken by artificial intelligence (AI) in recent years, and it has consequently assumed a pivotal role in the production of synthetic media. “Deepfake pornography” is a by-product of such contemporary AI technologies. It brings forth profound legal difficulties that present-day criminal law struggles to regulate properly, as it is developed without an individual’s voluntary consent. The article persuasively contends that pre- existing legal categories are deficient in adequately covering identity-based injuries or injuries stemming from non-consent. Thus, the article posits that “deepfake pornography” underscores how strongly established criminal law categories fail to achieve their intended goal. Their application is ill-suited to the novel forms of harm that are spawned by pioneering technologies. The article evaluates how the relevant sections of the Indian Penal Code and the Information Technology Act, 2000, tackle damage by relying on notions such as obscenity, defamation, and impersonation. This article delves into the specific legal complexities that criminal law in India encounters, providing concrete examples and case studies to illustrate the challenges of incorporating deepfake pornography into pre-existing legal categories. Varied consequences and divergent reactions across institutions are a result of ambiguously articulated definitions, making the enforcement vague when those who are affected bring forward concerns. Thus, it contends that erroneous categorisation may lead to setbacks in the process, ultimately leaving those impacted with insufficient remedies. The final point made is that tailored mechanisms are imperative to effectively construe and implement present-day legal regulations, bearing in mind the new modalities of digital sexual abuse. This will enable the law to competently manage deepfake-associated sexual exploitation.
