Deepfake Technology, Generative AI And Personal Data Misuse: Examining Legal Gaps Under The Digital Personal Data Protection Act, 2023
- IJLLR Journal
- 3 days ago
- 2 min read
Prashant Kumar, Uttar Pradesh State Institute of Forensic Science, Lucknow, India
ABSTRACT
The exponential rise of generative artificial intelligence has ushered in a technological epoch that challenges the very foundations of personal identity, informational privacy, and democratic integrity. Among the most insidious products of this revolution is deepfake technology synthetic media fabricated through machine learning architectures, capable of placing real human faces, voices, and identities into fabricated scenarios with unnerving authenticity. In India, the misuse of deepfakes has escalated from a peripheral concern to a pressing socio-legal crisis, yet the legislative response remains markedly inadequate.
This article undertakes a rigorous doctrinal and analytical examination of the Digital Personal Data Protection Act, 2023 (DPDPA) India’s foundational data privacy legislation in the context of deepfake-related personal data misuse. The central argument advanced is that the DPDPA, despite representing a significant legislative milestone, contains critical structural lacunae that leave individuals exposed to harms arising from AI-generated impersonation, non-consensual biometric cloning, synthetic identity fraud, and mass scraping of personal data for AI training purposes.
Through a comparative analysis of international regulatory frameworks including the European Union's AI Act, China's Provisions on Deep Synthesis Internet Information Services, and emerging United States state- level legislation this article identifies six principal legal gaps in the DPDPA: the absence of a definition or regulatory treatment of biometric manipulation; no oversight mechanism for AI training datasets; the lack of deepfake- specific criminal liability; weak cross-border enforcement architecture; inadequate platform accountability; and the near-total absence of a victim compensation mechanism.
The article also critically evaluates whether ancillary legislation including the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000, and the Bharatiya Sakshya Adhiniyam, 2023 can fill these gaps, concluding that they cannot without significant amendment. The article closes with a comprehensive reform model proposing a standalone Deepfake Regulation Act, mandatory AI content watermarking, an AI licensing regime, enhanced platform liability, and victim-centric redressal mechanisms.
Keywords: Deepfake, Generative AI, DPDPA 2023, Biometric Data, Personal Data, Synthetic Media, Cyber Law, AI Regulation, Privacy, Data Protection.
