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Regulating Deepfakes: Legal Challenges And The Future Of AI-Driven Synthetic Media In India




Rushitha Sravani Putlur, Amity Law School, Noida

Dr Kritika Nagpal, Amity Law School, Noida


INTRODUCTION


Today, technology has mixed reality and fiction more than ever before. One of the most striking examples of this is the growth of deepfakes, artificial media created by AI that can mimic faces, voices, and actions of actual people.1 Initially created as a technological wonder in the domains of artificial intelligence and machine learning, deepfakes have over time evolved to become a versatile, and occasionally hazardous, weapon with profound ramifications. As such artificial productions are becoming more indistinguishable from genuine audio-visual material, societies worldwide are struggling with how they can mislead, manipulate, and take advantage of people.


In India, where digital literacy and online access have grown at a blistering pace, deepfakes have found fertile ground.2 The use of social media services like WhatsApp, Instagram, and X (formerly Twitter) has made it easier for these hacked media types to spread rapidly, unsuspectingly falling into the laps of users. From edited political speeches to pornographic content involving celebrities or unwitting individuals, the range of abuses is extensive—and the damage can be catastrophic. At the center of the deepfake problem is a conflict between innovation and regulation. On the one hand, synthetic media, when utilized responsibly, has vast potential in all industries—entertainment, education, advertising, and even journalism. On the other hand, the abuse of deepfake technology has severe consequences for privacy, personal dignity, political stability, and public trust. For example, deepfakes have already been used for disinformation campaigns, character assassinations, and cybercrime, causing serious concerns about the degradation of truth in online communication. In a democracy such as India, where public opinion can be easily swayed by visual information, the stakes are even greater.


The intricacy of the legal environment around deepfakes creates another layer of concern. Currently, India does not have an overarching legal framework that specifically deals with synthetic media.3 Although some laws such as the Information Technology Act, 2000 and parts of the Indian Penal Code provide some protection against manipulated content using digital means, they are usually inadequate when applied to the advanced and dynamic context of deepfakes. Additionally, the lack of definitions and categorizations in Indian law results in uncertainty, which hinders victims from claiming redress or authorities from ensuring accountability.



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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