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Deepfake Technology And Cybercrime: A Critical Analysis Of The Inadequacy Of The Information Technology Act, 2000




Mohit Kumar B.A. LL.B., NMIMS Kirit P. Mehta School of Law, Mumbai


ABSTRACT


The accelerated development of artificial intelligence has resulted in the development of deepfake technology, which facilitates the production of highly realistic but fake audio, video, and visual content. Although this technology has many useful applications, its increasing misuse has been a major factor in the development of cybercrimes such as identity theft, financial fraud, non-consensual sexual material, and political misinformation. In the Indian context, cybercrimes are governed by the Information Technology Act, 2000, which was enacted at a time when technologies such as artificial intelligence-driven deepfakes were not even remotely possible. This paper critically evaluates the effectiveness of the Information Technology Act, 2000 in dealing with cybercrimes committed using deepfake technology. Adopting a doctrinal research methodology, the paper examines the relevant statutory provisions, judicial reactions, and enforcement difficulties under the existing legal regime. The paper contends that the current legislation is still fragmented, reactive, and inadequate to address the distinct legal and evidentiary challenges arising from deepfakes. The paper also undertakes a short comparative examination of the international regulatory regimes and proposes legal and policy reforms to enhance the Indian response to deepfake-enabled cybercrime. The paper finally reiterates the imperative need for a specific and proactive regulatory regime to address the challenges arising from artificial intelligence in the digital age.


Keywords: Deepfake Technology; Cybercrime; Artificial Intelligence; Information Technology Act, 2000; Digital Evidence; Privacy Law; Intermediary Liability.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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