Deepfake Regulation in India

What Are Deepfakes?

Deepfakes are digitally manipulated videos, audio clips, or images, created using Artificial Intelligence (AI) and Machine Learning (ML), that appear hyper-realistic.

• A person may be shown saying or doing something they never did.
• The technology blurs the line between truth and fabrication.

👉 In governance terms, deepfakes convert information disorder into a systemic threat.

Why Are Deepfakes Dangerous for Governance?

Deepfakes are not just a social media nuisance; they strike at the foundations of democratic governance:

• Reputation damage of individuals and public officials
• Fabrication of evidence
• Manipulation of public opinion
• Erosion of trust in institutions, media, and elections

In short, when citizens can no longer trust what they see or hear, democracy itself becomes vulnerable.

Existing Legal Framework in India (Status Quo)

India currently does not have a dedicated law specifically dealing with deepfakes. Instead, authorities rely on a patchwork of existing provisions.

(a) Information Technology Act, 2000

• Section 67 & 67A
  → Punishment for publishing obscene and sexually explicit material.
• Section 66C
  → Identity theft.
• Section 66E
  → Violation of privacy.

These provisions are often invoked when deepfakes involve impersonation, obscenity, or privacy breaches.

(b) IT Rules, 2021

• Mandate takedown of reported unlawful content within 36 hours.
• Platforms must act on complaints related to manipulated or misleading content

(c) Indian Penal Code (IPC)

• Section 500 – Defamation
• Section 292 – Obscene content
• Sections 465 & 469 – Forgery and harming reputation

⚠ Limitation:
These laws were not designed for AI-generated deception, leading to enforcement gaps.

Impact of Deepfakes on Governance in India

1. Misinformation in Elections

• Deepfake videos of political leaders can:
  • Spread false promises or statements
  • Polarise voters
  • Influence electoral outcomes

👉 This directly threatens free and fair elections, a basic structure principle.

2. National Security Threats

• Fake videos or audio of Military officials, Government representatives → can cause panic, diplomatic tensions, or misinformation during crises.

3. Erosion of Public Trust

• When deepfakes proliferate:
  • Citizens begin doubting even authentic government communication.
• This creates a “liar’s dividend”, where real evidence is dismissed as fake.

4. Cybercrime and Financial Fraud

• Deepfake voice and video impersonation used to → Scam businesses, Extract money, Damage reputations

5. Regulatory and Enforcement Challenges

• Detection is difficult.
• Content spreads faster than legal remedies.

👉 This exposes the governance lag behind technology.

Government Advisory on Deepfake Regulation (2023)

Recognising the urgency, Ministry of Electronics and Information Technology (MeitY) issued an advisory in 2023.

Key Elements of the Advisory:

1. Directive to Intermediaries
   • Social media platforms must strictly comply with IT Rules to curb AI-driven misinformation.
2. Clear Communication of Prohibited Content
   • Platforms must inform users about:
     • What content is illegal
     • Legal consequences of sharing deepfakes
3. Strict Enforcement of IT Rules
   • Swift takedown under Rule 3(1)(b) of IT Rules, 2021.
4. Stakeholder Engagement
   • Meetings chaired by Rajeev Chandrasekhar to stress platform accountability.
5. Future Measures
   • MeitY may amend existing rules based on compliance monitoring.

👉 This reflects a regulatory-first response, but not yet a comprehensive law.

Way Forward: Governing Deepfakes Responsibly

(a) Responsibility of Social Media Intermediaries

• Platforms must proactively detect deepfakes.
• Example: Microsoft’s Video Authenticator tool.

✔ Shift from reactive takedown to preventive detection.

(b) Blockchain-Based Deepfake Verification

• Blockchain can record → Origin of media, Modification history

✔ Makes tampering traceable and discourages malicious manipulation.

(c) Digital India Act

• Enact a comprehensive digital law with → Clear definitions, Penal provisions for malicious deepfakes

Comparative example:

• China has explicit regulations on synthetic media.

(d) Public Awareness and Digital Responsibility

• Citizens must be trained to → Question viral content, Verify before sharing

✔ Digital literacy is a non-negotiable governance tool.

(e) Global Leadership and Ethical AI Norms

• Implement principles of the Bletchley Declaration.
• Lead global efforts on AI and deepfake governance.

Concluding Governance Insight

Deepfakes represent a new category of threat— not to borders, but to truth itself.

• Law alone is insufficient.
• Technology alone is inadequate.
• Awareness alone is incomplete.

👉 Only a combined approach of law, technology, ethics, and citizen responsibility can protect democracy in the age of AI-generated deception.

This is the essence of Deepfake Regulation in India from a governance perspective.