December 9, 2024
Addressing the Global Challenges of Deepfakes: An Urgent Legislative Update for India
Judiciary

Addressing the Global Challenges of Deepfakes: An Urgent Legislative Update for India

Jul 11, 2024

Last Updated on July 13, 2024 by Administrator


Deepfakes, which utilize artificial intelligence to create highly realistic but fabricated images, audio, and videos, pose significant global challenges. These challenges include threats to defamation, harassment, privacy, and intellectual property rights. India, like many other countries, faces the pressing need to update its legislative frameworks to mitigate the risks associated with deepfakes.

Current laws in India related to defamation, harassment, privacy, and intellectual property are inadequate in addressing the complexities introduced by deepfake technology. The Information Technology Act, 2000, and other relevant statutes need revisions to comprehensively cover the creation, distribution, and potential consequences of deepfakes.

Deepfakes can be weaponized for various malicious purposes, including character assassination, blackmail, and spreading misinformation. The ability of deepfakes to mimic real individuals convincingly can lead to severe reputational damage and emotional distress. Current defamation laws, which focus on false statements harming an individual’s reputation, must be expanded to include fabricated visual and audio content.

Harassment, particularly of women and vulnerable groups, is another critical concern. Deepfake pornography and other abusive content can be distributed without the victim’s consent, causing severe psychological trauma and societal stigma. Existing laws on harassment and cyberbullying need to encompass these digital threats explicitly.

Privacy rights are also at risk, as deepfakes can manipulate or recreate private moments and sensitive information without consent. Strengthening data protection laws to include provisions against the unauthorized creation and distribution of deepfakes is essential.

Intellectual property laws must adapt to address the unauthorized use of individuals’ likenesses and voices. Current frameworks do not adequately protect against the misuse of personal attributes for creating deepfakes, which can be exploited for commercial gain or personal vendettas.

India must urgently tighten its legislative frameworks to mitigate the risks associated with deepfakes. Updating laws related to defamation, harassment, privacy, and intellectual property to comprehensively cover the creation and distribution of deepfakes is essential. This approach will help protect individuals’ rights, uphold privacy, and ensure the responsible use of technology in the digital age. Implementing robust legal measures will not only address the immediate threats posed by deepfakes but also set a precedent for future technological advancements, ensuring a safer and more secure digital environment for all.

Written by — Athi Venkatesh

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