Shifting Realities: Addressing the Legal and Ethical Challenges of Deep Fakes in Indian Jurisprudence

Artificial intelligence and machine learning have given birth to a very significant evil of the digital world known as Deepfakes. It is a form of manipulated media that allows for the creation of fake and fabricated videos, photos, and audios. Two major forms of deepfakes that are common in society are political and pornographic fakes. Political deepfakes defame the political leaders, which can lead to manipulation of the electoral results in the post-truth era, while pornographic deepfakes often consist of face-swapping, wherein a person’s face is superimposed onto another body, creating the delusion of sexual activity. With the increase in the advent of penetration of social media, there is a growing potential for deepfakes to intrude into various professional and personal domains. It threatens the privacy and security concerns of the masses, including the celebrity figures of different domains. Deepfakes have also disproportionately affected women, particularly in the form of non-consensual pornography and harassment. The political dispensation across the globe is endeavouring to take action against it, with the likes of India banning TikTok while the U.S. exploring the privacy concerns of the aforesaid platform. Current Indian laws like the Information Technology Act, 2000, and Bhartiya Nyaya Sanhita, 2023, fail to address the rising deepfake issues imbibed in the country. This paper throws light on the need for a regulatory framework to protect infringement of privacy and manipulation of public opinion at large. This paper further explores legislative reforms and highlights the importance of raising public awareness and ethical measures to mitigate the risks posed by deepfakes. Through a targeted series of legislative and consultative approaches to promote digital awareness, India can work toward creating a safer digital environment.