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Deepfakes And The Law: A Comprehensive Comparative Analysis Of Indian And International Legal Frameworks




Ms. Suruchi, Research Scholar, Department of Law, Deen Dayal Upadhyaya Gorakhpur University, Civil Lines, Gorakhpur - 273009, Uttar Pradesh


ABSTRACT


Deepfake technology, which generates synthetic media using artificial intelligence, has created unprecedented challenges for judicial systems worldwide. Deepfakes undermine the credibility of digital content, raising concerns about consent, privacy, misinformation, defamation, and democratic discourse. This thesis examines deepfake regulation in India from a legal and ethical perspective, using a global comparison. The study focuses on Indian law, analyzing current legislative provisions in the Bhartiya Nayaya Sanhita, 2023 and Information Technology Act of 2000, as well as constitutional guarantees including free speech and privacy. This assessment evaluates how effectively laws address the complex liabilities associated with deepfakes, including impersonation, non-consensual pornography, political disinformation, and reputational damage. The study reveals significant statutory and interpretation gaps, limiting alternatives for deepfake victims under existing systems. This article compares regulatory frameworks in the United States, European Union, United Kingdom, South Korea, Australia, Japan and China to understand India's worldwide position. It emphasizes legal advances and best practices. The goal of laws like criminalization, platform responsibility, transparency requirements, and judicial decisions is to strike a balance between fundamental freedoms and technology progress. According to the article, India needs a customized legal structure to handle the dangers posed by deepfakes. Clear statutory definitions, procedural safeguards, victim-oriented remedies, and intermediary responsibility should all be included in the framework. Pursuant to the report, maintaining the rule of law and defending democratic principles in the digital era necessitates a proactive, rights-based, and technologically astute legal strategy.


Keywords: Deepfakes, Artificial Intelligence, Generative Adversarial Networks, Synthetic Media, AI Regulation, Information Technology Act, Digital Personal Data Protection Act, Cybercrime, Privacy, Non-Consensual Pornography, Political Misinformation, Financial Fraud, AI Content Labeling, Platform Accountability, Digital Literacy, India, International Legal Frameworks, Rights-Based Regulation.



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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