The Rise of Deepfake Technology

The era of Generation X has witnessed a surge in manipulated videos, propelled by technological advancements, particularly the emergence of deepfake technology in recent years. This AI-driven technology alters genuine photos or videos, transforming them into deceptive counterparts. Frequently, the original voice is replicated and incorporated into the manipulated video, creating a striking resemblance to the authentic footage. These videos often referred to as morphed, doctored, or synthetic media, are increasingly being employed for dubious purposes. The end result of these fabricated visuals is so seamless that discerning between authentic and manipulated content becomes challenging, thus highlighting the sophistication of the deepfake technique.

Initially limited to celebrities, the creation of deepfake content has now become accessible to ordinary individuals. The widespread proliferation of deepfake content has led to various issues, including the manipulation of public opinion, infringements on personal rights, violations of intellectual property rights, and challenges related to personal data protection.

The implications of deepfakes extend beyond individual concerns to encompass broader socio-political risks. These include the manipulation of public discourse, interference in elections and national security, and the erosion of trust in journalism and public institutions. In addition to these systemic challenges, there are significant individual and corporate risks, such as false endorsements, fraudulent presentation of documentary evidence, loss of creative control over audiovisual content, instances of extortion, harassment, and damage to reputations.

The rise of Deepfake technology has challenged the legal systems across the world that are trying to keep themselves abreast of this rapidly evolving technology. In the USA, the?Deepfakes Accountability Act?(passed in 2019), mandated deepfakes to be watermarked for the purpose of identification. Virginia has also?amended its law?banning nonconsensual pornography from including deepfakes.

In India however, there is no explicit law banning deepfakes. Amidst the current laws in force, sections 67 and 67A of?The Information Technology Act 2000?(IT Act) provide punishment for publishing sexually explicit material in electronic form. Section 500 of the Indian Penal Code 1860 provides punishment for defamation, but these provisions are insufficient to tackle various forms in which deepfakes exist.

On December 26, 2023, the Ministry of Electronics and Information Technology issued an advisory to intermediaries, urging compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules). This advisory specifically aims to tackle the escalating concerns related to misinformation propagated through AI deepfakes, which have recently gained significant prominence and attention in India.

The advisory emphasizes that information about prohibited content under the IT Rules should be clearly and precisely communicated to users, both through terms of service and user agreements. This information must be explicitly conveyed to users during initial registration and reiterated through regular reminders, particularly during each login and when uploading/sharing information on the platform. Additionally, the advisory specifies that terms of service and user agreements must explicitly state that intermediaries/platforms are obligated to report legal violations to law enforcement agencies.

Furthermore, the advisory underscores the responsibility of digital intermediaries to ensure that users are aware of penal provisions, including those outlined in the Indian Penal Code, 1860, and the Information Technology Act, 2000, in the event of a violation of Rule 3(1)(b) of the IT Rules. Rule 3(1) of the IT Rules mandates intermediaries to exercise due diligence, encompassing the obligation to inform users about rules and regulations, privacy policies, and user agreements. Digital intermediaries are also required to make reasonable efforts to prevent users from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any prohibited information as listed in Rule 3(1)(b) of the IT Rules.

As technology continues to advance, it becomes imperative for India to proactively develop new legislation, considering the potentially severe consequences of Deepfake technology. In addition to raising awareness among the public about this emerging technology, the government should prioritize addressing the challenges posed by deepfakes to prevent them from evolving into a significant threat in India. Taking proactive measures now can help mitigate the potential risks associated with the misuse of deepfake technology in the future.