Deepfake Technology And Criminal Liability In India: Are India's Existing Criminal Laws Sufficient To Deal With AI-Generated Deepfakes?
Isha Goel, Bhartiya Vidyapeeth, New Delhi
ABSTRACT
The rapid advancement of Artificial Intelligence has led to the emergence of deepfake technology, which enables the creation of highly realistic but fabricated audio, video and image content. While this technology offers several beneficial applications, its misuse has become a growing concern due to its potential to facilitate identity theft, financial fraud, online harassment, deepfake pornography and the spread of misinformation. The increasing use of deepfakes has raised important legal questions regarding accountability and the adequacy of existing criminal laws.
This paper examines the concept of deepfake technology and analyses its implications within the Indian legal framework. It evaluates the applicability of the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023 and the Digital Personal Data Protection Act, 2023 in addressing offences committed through AI-generated content. The study also explores constitutional concerns relating to privacy, freedom of speech and protection of reputation. Further, it highlights the practical challenges faced in investigating and prosecuting deepfake-related offences, including issues of attribution, jurisdiction and digital evidence.
The paper concludes that although existing laws provide a foundation for addressing certain harms caused by deepfakes, they are not fully equipped to deal with the unique challenges posed by rapidly evolving AI technologies. Therefore, there is a need for a more comprehensive and technology-specific regulatory framework to effectively combat the misuse of deepfake technology in India.
Keywords: Deepfakes, Artificial Intelligence, Criminal Liability, Information Technology Act, Bharatiya Nyaya Sanhita, Cybercrime, Data Protection.
