Rise of deepfake-Threat to election integrity

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Source-This post on Rise of deepfake-Threat to election integrity has been created based on the article “A deep threat to election integrity” published in “Business Standard” on 26 February 2024.

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News-The article discusses the potential impact of deepkake on upcoming general elections.

A detailed article on Deepfakes can be read here.

What is deepfake technology?

Deepfakes are synthetic media that use Artificial Intelligence (AI) to manipulate or generate visual and audio content.They are manipulated usually with the intention of deceiving or misleading someone.

A detailed article on New IT Rules for social media and its Challenges can be read here.

How does deepfake technology pose a threat to integrity of elections in India?

1) Emergence of generative adversarial networks (GANs)– This is a variant of generative AI which facilitates the rapid generation of deepfakes on a real-time basis.
Due to its easy accessibility, it may lead to the creation of a large number of deepfake accounts that can suppress factual information in every constituency. For ex-deepfake videos of Indian Prime minister.

2) Weaponization of social media– Deepfake videos evoke emotions and exaggerate confirmation bias by spreading more misinformation on social media platforms.

3) External election interference- Digital businesses can create context-specific fake videos for politicians and foreign powers. These fake videos may be abused by hostile foreign countries to threaten the integrity of Indian elections.

What are the issues in regulating deepfakes?

The April 2023 amendment to IT rules empowers the central government to instruct social media platforms and intermediaries to remove deepfakes or objectionable content. There are certain issues:
A) This provision may be abused by the ruling party for targeting political adversaries.

B) The current IT rules focus on content takedown but do not provide penal provisions for creating deepfakes.

C) The Bhartiya Nyaya Sanhita places the burden of proof on the prosecution for establishing deep fake related crime.

D) Most deepfakes are uploaded from abroad with masked entities. However, Indian law does not have extra-territorial jurisdiction to prosecute entities outside India which endangers Indias interest.

What steps can be taken to preserve the sanctity of the electoral process?

1) Continuous monitoring– The ECI (Election Commission of India) can continuously monitor social media posts which are trending. The ECI may collaborate with IITs to deploy Fakecatcher technology which is capable of identifying tampered videos in real-time.

2) Empowering the ECI– There is a need to amend the IT rules to grant the ECI the power to directly instruct intermediaries to take down fake videos. This will also ensure political neutrality.

3) Overcoming regulatory hurdles-
a) The IT rules need to be amended to put the burden of proof on fake content creators. There should be penal provision for creating deepfakes.
b) There should be enactment of some laws which can be extra-territorial in nature.

4) Global Cooperation– This involves collaborating with global platforms to share information regarding uploads, assistance in investigation and quick removal of objectionable content.

Conclusion: Deepfake poses a great challenge to the 2024 general elections. Nonetheless, the ECI must take all the necessary steps to ensure the sanctity of electoral process and uphold the democratic ethos of India.

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