Deepfakes And The Right To Reputation: A Comparative Analysis Of Indian And European Law
Kashish Garg, Amity Institute of Advanced Legal Studies, Noida
ABSTRACT
The rapid advancement of generative artificial intelligence has made it easier to make deepfakes, which are created images, movies, and audio that can appear extremely real. Misuse of this content can have major ramifications for a person's reputation, dignity, privacy, and identity. This paper investigates the legal issues raised by deepfakes in regard to the right to reputation, with a specific emphasis on Indian law and a comparative analysis of the European Union's approach.
The paper examines current Indian laws, such as the Information Technology Act of 2000, the Bhartiya Nyaya Sanhita of 2023, and pertinent intermediate rules, that may be used to mitigate the negative effects of deepfakes. It also looks at how Indian courts are increasingly recognizing personality rights, especially when it comes to issues involving celebrities. The name, image, voice, likeness, and other distinguishing characteristics of popular persons have been increasingly shielded against unauthorized use and exploitation by courts, particularly the Delhi High Court. Despite these advancements, India still lacks a coherent legal framework that addresses deepfakes specifically, therefore protection is dispersed among several laws and judicial remedies.
In order to understand how the EU handles issues of transparency, platform responsibility, and AI-generated content, the study contrasts this stance with the framework of the EU, including the General Data Protection Regulation, Digital Services Act, and Artificial Intelligence Act. The study examines whether India's current legal framework is adequate to address the escalating threat of deepfakes and what can be learned from the EU strategy through a doctrinal and comparative examination. In the end, it makes the case for a more cohesive Indian framework that upholds the rights to one's character and personality while striking a balance with freedom of speech and technological advancement.
Keywords: Deepfakes, Right to Reputation, Personality Rights, Artificial Intelligence, Privacy, Indian Legal Framework, European Union.
