Deepfakes And The Law: An Analysis Of The Legal Framework In India
- IJLLR Journal
- 1 day ago
- 1 min read
Tapasya Dwivedi, Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur
ABSTRACT
The rapid development of Artificial Intelligence has led to the emergence of deepfakes, digitally manipulated or synthetically generated content that can be used to impersonate individuals, spread misinformation, commit fraud and violate privacy. This paper examines the existing legal framework in India for dealing with deepfakes, particularly the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Rules. It further examines the constitutional protection of privacy and dignity under Article 21 and analyses real-life instances to understand the practical challenges associated with deepfake-related offences. A comparative perspective is also adopted by examining the approach of the United States towards AI-generated non-consensual content. The paper argues that although existing Indian laws provide provisions that may be applied to deepfake-related offences, the effectiveness of these provisions remains a significant concern. It therefore highlights the need for a more specific and effective legal framework capable of addressing the rapidly evolving nature of deepfake technology while protecting individual privacy, dignity and security.
