Deep Fake Menace in India

In the recent AI boom, there has been a huge call to action for regulating deepfakes. Due to the use of social media and the rapid sharing and distribution of online content, the Ministry of Electronics and Information Technology issued its latest Advisory mainly to significant Social Media intermediaries i.e. a social media intermediary having more than 50,00,000 (Fifty Lakh) registered users in India. The advisory note specifically focuses on addressing the escalating worries regarding AI-generated misinformation, particularly in relation to Deepfakes.

What is a Deepfake and why is the sudden growing concern for Deepfakes?

A Deepfake is a form of synthetic media in which artificial intelligence is utilized to create a digital copy of a person’s likeness or voice. However, due to the easy accessibility and low-cost pricing of this technology, Deepfake technology has been utilized with harmful effects. Deepfake technology can be utilized in a myriad of ways, for instance; by creating content based on famous individuals to make statements or do things that they never said or did such as tarnishing the reputation of political adversaries, generating deepfake pornography, and facilitating deceitful business schemes An individual’s right to privacy could be interfered with as these technologies can create fake imagery or videos without the Individual’s consent which violates their right to privacy under Article 12 of the Indian Constitution. Therefore, the swift advancement of deepfake technology, without appropriate regulation, could lead to devastating impacts on individuals, and businesses, and the dissemination of false information.

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The key highlights of the Advisory to significant social media intermediaries include:

·?????? The advisory focuses on Rule 3(1)(b)(v) of the IT rules which prohibits deceptive or misleading information that, (i) misguides the recipient regarding the message’s source, (ii) deliberately spreads false information, or (iii) is flagged as fake by fact-check (which is the unit aims to discourage the creation and spread of fake news and misinformation while offering a simple platform for individuals to report dubious or questionable information related to the Government of India) unit of the Central Government.

·?????? They are also obliged to ensure reasonable efforts to prevent users from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information related to the 11 listed user harms or content prohibited on digital intermediaries.

·?????? Intermediaries must ensure that their terms of service and user agreements, (i) state that the platform is obliged to report legal infractions to the relevant enforcement agencies, and (ii) shall be periodically notified to the user, at least once annually, during registration or login procedure as specified in clause (1), sub-clause (f) of Rule 3.

·?????? The intermediaries must remove such content within 36 hours after being reported.

·?????? They must also adhere to content that is not permitted under the IT Rules, in particular those listed under Rule 3(1)(b) (which is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force) which must be clearly communicated to the users in clear and precise language.

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The Government has issued a swift deadline of seven days to social media and internet intermediaries to align their terms of services with guidelines set out in the advisory to alert users about the consequences of creating, uploading and sharing prohibited information such as deep fake content or even child sexual abuse material online. The Union Ministry also encouraged aggrieved individuals to file First Information Reports (FIRs) with the police and seek remedies provided under the IT rules. Some consequences prescribed under the IT rules that also apply to deep fakes include Section 66E of the IT Act prescribes punishment, for the violation of privacy of an individual for publishing or transmitting the image of a person without his or her consent, followed by imprisonment of 3 years along with a Rs. 2 lakh fine and Section 67, 67A, and 67B of the IT Act expressly forbids and stipulates penalties for the dissemination or transmission of material in electronic form that includes obscene content, sexually explicit acts, and the depiction of children engaged in sexually explicit acts, respectively.

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The development and use of deepfakes is a critical issue on a global scale and would require collaboration from international bodies to effectively regulate the use and distribution of deepfake content in order to prevent privacy violations. Hence, it is important for businesses and users to be informed of the risks in place and learn to verify authentic information and content online.

Link to MeitY Press Release: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1990542

?Article written by - Krishma Merchant and supported by Shannon Delilah Doctor (Intern at I.V Merchant & Company )

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