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Source: The post concerns to deepfake has been created on the article “Regulating deepfakes and generative AI in India | Explained” published in “The Hindu” on 4th December 2023.
UPSC Syllabus Topic: GS paper 3- Science and Technology – Developments and their applications and effects in everyday life.
News: The article discusses the misuse of deepfake technology, where AI is used to create realistic fake videos and images, often leading to issues like privacy invasion, misinformation, and harassment. It highlights recent incidents involving deepfakes, their impact, and the need for legal measures to address these challenges.
What is deepfake technology?
What are the concerns related to deepfake technology?
Political Concerns: Deepfakes have infiltrated politics. In India it was seen with AI-generated videos of BJP leader Manoj Tiwari and Congress chief Kamal Nath, used for misleading election campaigns. Internationally, deepfakes influenced Argentina’s presidential polls. Also, a fake video of Ukrainian President Zelenskyy, falsely urged citizens to surrender.
Gender Vulnerability: As per a 2019 study, 96% of deepfakes are pornographic, with 99% targeting women. These technologies have been exploited to harass and shame women, causing significant psychological trauma.
Other Concerns: Deepfakes pose threats of misinformation and privacy invasion, highlighted by incidents involving actor Rashmika Mandanna and influencer Zara Patel. The ease of creating deepfakes raises challenges in distinguishing real from fake content, undermining trust in digital media.
What is the judicial view on deepfakes in India?
The Delhi High Court expressed uncertainty about issuing directions on deepfake control, citing the government’s better suitability for a balanced approach.
During a PIL hearing, the Court noted the challenges in controlling borderless internet technologies.
The matter was postponed for further hearing, acknowledging ongoing government actions to address deepfake issues.
What legal provisions exist against deepfakes in India?
India does not have specific laws or regulations that ban or regulate the use of deepfake technology. However, several existing legal provisions are used to address deepfake-related crimes:
Information Technology Act, 2000: a) Section 66E of IT Act, is applied in cases where deepfakes violate an individual’s privacy through the capture, publication, or transmission of images, carrying a penalty of up to three years in jail or a fine of ₹2 lakh, b) Section 66D of the IT Act targets the malicious use of communication devices or computer resources for impersonation, c) For deepfakes that are obscene or sexually explicit, Sections 67, 67A, and 67B of the IT Act are used.
IT Rules: It prohibits hosting content that impersonates another person and requires social media platforms to remove ‘artificially morphed images’ promptly.
Indian Penal Code: Sections 509, 499, and 153, address cybercrimes associated with deepfakes.
The Copyright Act of 1957: It is applicable if deepfakes use copyrighted images or videos. Section 51 prohibits unauthorized use of such copyrighted material.
Recent initiative: The government is going to introduce a draft on AI regulation, which will be open for public consultation.
What are the global best practices against deepfake?
United States: US President executive order on AI management includes specific standards for the labeling of AI-generated content, which is crucial for identifying deepfakes. Additionally, individual states like California and Texas criminalize deepfakes influencing elections. Furthermore, at the federal level, the DEEP FAKES Accountability Bill, introduced in Congress, seeks to require creators to label deepfakes on online platforms and notify users of any alterations in videos or other content.
China: The Cyberspace Administration of China has introduced new regulations that significantly restrict the use of deep synthesis technology. These policies mandate that any content altered using this technology must be explicitly labeled and traceable back to its source.
European Union: The EU’s Code of Practice on Disinformation requires flagging deepfake content. This initiative is bolstered by the Digital Services Act, which aims to increase the monitoring of digital platforms to prevent various forms of misuse. Additionally, Under the proposed EU AI Act, deepfake providers must disclose and label their content.
What should be done?
- a) Establish safety standards while assimilating AI benefits, b) Develop a regulatory framework tailored to AI technology, c) Use regulatory sandboxes for innovation, similar to the financial sector, d) Balance legal responses without impeding innovation or free speech, e) Strengthen enforcement mechanisms for existing and new laws, f) Focus on preventive measures and public awareness about deepfakes.
Question for practice:
Discuss the overall challenges and legal responses associated with deepfake technology in India.
