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Platform Liability For Deepfakes In India: Reassessing Intermediary Responsibility Under Digital Governance Frameworks




Gurnoor Kaur, B.COM. LL.B. (Hons), University Institute of Legal Studies, Panjab University, Chandigarh


ABSTRACT


Section 79 of the Information Technology Act, 2000, grants safe harbour to the intermediaries (social media platforms) in cases of any violations of personal data taking place over these. With no adequate legislation addressing deepfakes, it becomes really hard to address this issue when such an exclusion from liability is provided. The right to free speech and expression under the Constitution of India is at a high risk when it is so likely to be manipulated for ulterior gains. Looking at the global perspective, it comes as an indication that India ought to have a structured legislation addressing it. Further, looking into structural reforms, such as identification and marking of such data, is the need of the time before this technology does more harm than its pros.


Keywords: deepfakes, intermediaries, safe harbour, personal data and structural reforms.



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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