Rise of deepfakes calls for stronger laws

An Australian woman was recently in the news for tracing the person who morphed her image onto a pornographic content and spread it viral, and suing him successfully for damages.

The rising use of deepfake technology — a machine learning model used to create content that appears to be real but is fake — has raised concerns about the need for stronger legal frameworks to address issues such as privacy, data protection and cybercrime.

While India has some laws that can be applied to combat deepfake technology, there is a need for more specific legislation to address the unique challenges posed by deepfakes. One such issue is the lack of a clear legal definition for deepfake technology and the activities that constitute deepfake-related offences. This can make it difficult to prosecute individuals or organisations that engage in malicious/ fraudulent activities using deepfakes.

The rise of deepfakes has raised concerns about the need for stronger laws to address the potential harms of this technology. Deepfakes are videos or audio recordings that have been manipulated to make it appear as if someone is saying or doing something they never said or did. This technology can be used for a variety of purposes, including spreading misinformation, defaming individuals, and even blackmailing people.

There are currently a few laws that address deepfakes, but they are often limited in scope. For example, the California law that prohibits deepfakes of people in pornographic images or videos only applies to those who create or distribute the deepfakes. It does not apply to those who simply share them.

As deepfake technology becomes more sophisticated, it is likely that the potential harms will also increase. This makes it even more important to have strong laws in place to protect people from the misuse of this technology. Some of the potential harms of deepfakes include:

• Spreading misinformation: Deepfakes can be used to create fake news videos or audio recordings that could be used to manipulate public opinion. For example, a deepfake video of a politician saying something they never said could be used to damage their reputation or influence an election.
• Defaming individuals: Deepfakes can also be used to defame individuals by creating videos or audio recordings that make them look bad or say things that are untrue. This could have a devastating impact on someone's reputation and could even lead to them losing their job or being ostracized from their community.
• Blackmailing people: Deepfakes could also be used to blackmail people by threatening to release a fake video or audio recording of them unless they pay money or do something else that the blackmailer wants.

In order to address the potential harms of deepfakes, it is important to have strong laws in place that criminalize the creation, distribution, and sharing of deepfakes. These laws should also make it clear that people who are defamed or blackmailed by deepfakes have the right to sue the perpetrators for damages.

In addition to strong laws, it is also important to educate the public about deepfakes and how to spot them. This will help people to be more discerning about the information they see online and to be less likely to be fooled by deepfakes.

The rise of deepfakes is a challenge, but it is one that we can address with strong laws and education. By taking these steps, we can help to protect people from the misuse of this technology and ensure that it is used for good.

Laws in India

Section 66E of the Information Technology Act, 2000, is applicable in cases that involve capturing, publishing or transmitting a person’s images in mass media, violating their privacy. This offence is punishable with imprisonment of up to three years or a fine of up to ?2 lakh.

Another relevant section offering protection against deep fakes is Section 66D of the same IT Act. It provides for prosecuting individuals who use communication devices/computer resources with malicious intent, to cheat or impersonate someone. It can result in imprisonment for up to three years and/or a fine of up to ?1 lakh.

Indian law also provides for copyright protection of films, music and other creative content. Under Section 51 of the Indian Copyright Act, 1957, penalties for infringing copyrights are provided. It prohibits the unauthorised use of any property belonging to another person on which the latter has an exclusive right. Copyright owners can bring legal action against individuals who create deepfakes using their copyrighted works without permission.