Regulating Deepfakes In India: A Critical Analysis Of Criminal Liability, Copyright Protection, And Digital Rights In The Age Of Artificial Intelligence
- IJLLR Journal
- 44 minutes ago
- 1 min read
Kunal Aswani, Symbiosis Law School, Noida
ABSTRACT
Deepfakes—synthetic media generated through artificial intelligence that convincingly alter or fabricate a person’s appearance, voice or actions—have moved from technical curiosity to a pervasive social and legal problem. In India the response has been incremental rather than comprehensive. Prosecutors currently rely on a patchwork of provisions under the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023; copyright and personality rights litigation has filled some of the gaps left by statute; and the Digital Personal Data Protection Act, 2023 together with recent amendments to the IT Rules, 2021 attempt to regulate the platforms that host such content. This paper examines these overlapping regimes, identifies structural weaknesses in the existing framework, and argues that the absence of a coherent digital identity right, rather than the mere lack of a standalone deepfake offence, constitutes the central legislative deficiency. Drawing on recent High Court jurisprudence, comparative developments and enforcement realities, the analysis proposes a calibrated reform agenda that strengthens criminal sanctions where harm is severe while preserving space for legitimate satire, research and artistic expression.
Keywords: Deepfakes, Artificial Intelligence, Bharatiya Nyaya Sanhita, Information Technology Act, Copyright, Personality Rights, Digital Personal Data Protection Act, Intermediary Liability.
