On Deepfake Regulation – Quick redress key weapon in battle against deepfakes

Source: This post on Deepfake Regulation has been created based on the article “Quick redress key weapon in battle against deepfakes” published in The Hindu on 18^th November 2023.

UPSC Syllabus Topic: GS Paper 3 Science and Technology – Developments and their applications and effects in everyday life.

News: This article discusses challenges posed by deepfakes and the techniques law enforcement agencies employ in tracking them down. It also suggests important provisions for a future legal framework to regulate Deepfakes.

A detailed article on Deepfakes can be read here.

What are Deepfakes?

Deepfakes are fake content in the form of videos, pictures and audio which are created using powerful artificial intelligence tools.

The technology involves modifying or creating images and videos using a machine learning technique called generative adversarial network (GAN). This AI-driven software detects and learns the subject’s movements and facial expressions from the source material and then duplicates these in another video or image.

How can Deepfakes be tracked?

Deepfake videos can be detected using technical analysis. This includes:

IP address Tracking: It involves tracking the unique identifying number assigned to every device connected to the internet.

Open-Source Intelligence (OSINT): The process of gathering and analyzing information from public sources to answer a specific question.

Metadata Analysis: Metadata is data that describes other data. It can help identify factors such as when a file was created, and where or when a document was last modified.

Facial Recognition Technique: It can analyze discrepancies in facial features or movement inconsistencies that deviate from natural human behavior or structures.

Content Recognition Algorithms: They can detect irregularities in audiovisual elements such as unnatural alterations, discrepancies in facial expressions, or anomalies in contextual details.

What provisions should be included in a special legal framework dealing with Deepfakes?

1. Clear Definitions: A legal framework for deepfake videos should include a clear definition of what exactly constitutes a deepfake.
2. Prohibitions Against Misuse: Prohibition on certain uses of deepfake videos, such as using them to commit fraud, impersonate others, or interfere with elections.
3. Timely Redressal: A significant challenge with Deepfakes lies in the rapid dissemination of these videos. Establishing an active watchdog mechanism is imperative since courts tend to operate at a slow pace.
4. Involving Social Media Platforms: They should be required to take steps to detect and remove deepfake videos in a time bound manner.
5. Legal Remedies: Victims of deepfake videos should also have the ability to seek legal recourse from the creators and distributors of the videos.
6. Protection for Minors: Deepfakes may contribute to severe consequences, particularly when it involves minors who may be driven to take extreme measures.
7. Protecting the Rights of the Artist: It is important to balance the rights of artists for fair use. General principles such as copyright and the right to privacy of the artist can be applied.

Question for practice:

Dealing with the growing menace of Deepfakes requires a multi-stakeholder approach. Elaborate.