The Rise of Deepfakes: Navigating Legal Challenges and Ethical Dilemmas
- YourLawArticle
- May 2
- 1 min read
Written by : Diksha Sharma, B.B.A.LL.B, Gitarattan International Business School
Abstract
Deepfakes—hyper-realistic synthetic media generated using artificial intelligence—pose a growing threat to individual privacy, public trust, and societal stability. Originally developed as tools for entertainment, deepfakes have evolved into powerful instruments of deception, capable of manipulating audio, video, and images with striking accuracy. This paper explores the alarming rise of deepfakes in India and abroad, highlighting cases of fraud, defamation, non-consensual pornography, and political misinformation. The analysis reveals that India’s current legal framework, including provisions under the Indian Penal Code (IPC) and the Information Technology Act, 2000, is inadequate to fully address the complexity of deepfake-related crimes.
Sections such as 499, 500, 354A, and 354D of the IPC and 66C, 66D, 67, and 72 of the IT Act offer fragmented remedies, focusing on defamation, harassment, and privacy violations. However, these laws lack specificity, speed, and technological adaptability. The anonymity of online offenders, high burden of digital proof, and absence of admissibility guidelines for synthetic media compound the legal blind spots. In contrast, international jurisdictions like California, the European Union, and China have already enacted laws targeting deepfakes, offering India a policy roadmap.
The paper underscores the urgent need for dedicated legislation that defines deepfakes, criminalizes malicious intent, mandates swift takedowns, and establishes evidentiary standards. Without proactive regulation, deepfakes risk eroding public trust in media, damaging reputations, and undermining democratic processes. The document concludes by advocating for a future-ready legal response that matches the pace of technological advancement and protects citizens in a digitally manipulated world.
Keywords: Deepfake, Information Technology Act, Indian Penal Code, Digital Privacy, Cyber Law
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