Unveiling the Deceptive World of Deepfake Technology and its Legal Implications

Can You Trust Your Eyes?

I don’t want to scare you, but I’m inclined to think that artificial intelligence upheavals have the potential to intensify quickly, get terrifying, and possibly be catastrophic. Now, deepfake technology comes into the spotlight, Deepfake technology involves using AI and machine learning algorithms to create deceptive digital content, such as manipulated images or videos, that make it appear as if someone is doing or saying something they never did. While it can be used for harmless purposes, it can also be used maliciously for fraud or disinformation. Deepfakes are difficult to detect, making them a growing concern for individuals and organizations. Deepfake technology may be subject to a number of legal repercussions, particularly when used to injure or deceive other people, for e.g. National Security, Privtoon, Defamation, Fraud, Misrepresentation, Intellectual Property Infringement, Election Inferences, Harming International Relations, Cyber-bullying etc.

The objective of this blog is to educate the public on this willfully ignorant topic, primarily in order to raise awareness and teach people how to tell the difference between the actual thing and a phoney one. Nowadays people are paying greater attention to fake news, this is the era of social media and AI and the strength of deepfake technologies can be used for harmful purposes that has raised significant concerns, and there is a need for ongoing research and regulations to address these issues.

LAWS DEALING WITH DEEPFAKES

Even though deepfakes are such a serious problem, they are not covered by any laws in India. Nonetheless, there are several existing laws that could potentially be used to address issues related to deepfakes.

Information Technology Act, 2000: Includes provisions that criminalize certain forms of cybercrime, such as hacking, identity theft, and the dissemination of certain types of offensive content. The Act's Section 66E deals explicitly with the invasion of privacy caused by taking, disseminating, or sending pictures of someone's private parts without that person's permission. Section 43A of the Act deals with the compensation for failure to protect sensitive personal data. This provision could potentially be used to hold individuals or organizations responsible for the creation and dissemination of deepfakes. Section 66D of the Act deals with the punishment for cheating by personation using computer resources. This provision can be used to address deepfakes that involve impersonation or the use of fake identities for illegal purposes.

National security: The Official Secrets Act, 1923, The National Security Act, 1980, addresses the issues related to national security. This clause can be used to deepfakes that are produced and spread the information that may affect the security and sovereignty of the country.

Defamation: According to Section 499 of the Indian Criminal Code, it is unlawful to make a false statement that damages the reputation of an individual or organization. This clause can be used to deepfakes that are produced and spread with the intention of damaging someone's reputation.

Hate speech: The Indian Criminal Code's Section 153A addresses encouraging animosity between various groups based on religion, race, caste, or community. This clause can be used to deepfakes that are produced and circulated with the aim of encouraging hate speech or inciting violence against a certain group.

Obscenity: The sale, distribution, or public exhibition of pornographic or sexually explicit photos or movies is prohibited by Section 292 of the Indian Criminal Code. This clause can be used to deepfakes that are produced and distributed with the intention of disseminating pornographic content.

Cyberbullying: Although India does not have a particular legislation that addresses cyberbullying, several elements of the Information Technology Act, 2000 may be used to combat this problem. For instance, the Supreme Court of India threw down Section 66A of the Act in 2015 because it dealt with the transmission of abusive communications through communication services. Nevertheless, comparable measures might be created again or existing laws could be utilized to address cyberbullying.

The Personal Data Protection Bill, 2022: The law contains rules that may be applicable to deepfakes that exploit the photographs or data of actual individuals without their permission. For instance, "anonymized data" is defined in the law as information that cannot be used to identify a specific person directly or indirectly.

Other nations are also concerned about deepfakes. To cope with deepfakes, there are several legislations at both the national and local levels:

United States: In USA are several laws that could potentially be used to address deepfakes. For example, the Computer Fraud and Abuse Act, the Digital Millennium Copyright Act, and the Lanham Act could be used to prosecute individuals who create and distribute deepfakes with malicious intent. Some states, such as California and Virginia, have also enacted laws specifically targeting deepfakes.

European Union: The General Data Protection Regulation of the EU has measures that may be utilized to combat deepfakes. With relation to deepfakes that utilize personal data without an individual's consent, it mandates that individuals give express consent before their personal information may be gathered and used.

United Kingdom: The Malicious Communications Act and the Communications Act in the United Kingdom both have provisions that may be used to fight deepfakes. The Communications Act makes it unlawful to transmit communications that are blatantly offensive, indecent, vulgar, or menacing.

Australia: Now, there are no regulations in Australia that address deepfakes. Yet, deepfakes may be addressed by current laws pertaining to defamation, fraud, and privacy.

Canada: The Criminal Code of Canada has laws relating to impersonation and identity theft that might be used to combat deepfakes. Meanwhile, the Canadian government is proposing legislation that would explicitly target deepfakes.

The issue of deepfakes, both in India and around the world, lacks explicit laws to address it. However, it's important to note that as technology continues to advance, rules and regulations related to deepfakes are constantly evolving. It is likely that India and other countries may establish specific legislation in the future to tackle this problem. Currently, legal frameworks concerning deepfakes are still developing worldwide, and ongoing discussions are being held to assess the effectiveness of the current legal system in addressing this issue.

CONCLUSION

In conclusion, deepfakes are sophisticated digital manipulations of audio, video, and images that can convincingly deceive people into believing false information. While deepfakes can have harmless applications, they can also be used for spreading disinformation, harassment, and fraud, raising concerns about their impact on society. To address these challenges, researchers and policymakers are actively working on developing new technologies and regulations.

One approach is the development of advanced algorithms that can detect deepfakes, while another is to improve media literacy among the public. By enhancing our ability to discern between genuine and manipulated media, we can mitigate the risks associated with deepfakes. Furthermore, legal, and regulatory frameworks can be implemented to hold individuals accountable for creating and disseminating malicious deepfakes. It is crucial to be aware of the potential negative effects of deepfakes and take proactive steps to combat them. By staying informed and promoting responsible use of technology, we can strive towards a future where deepfakes are utilized for positive purposes and the adverse consequences are minimized.

~Authored by Indu Tarmali